We’ve all heard people say, It feels like I was hit by a Mack truck. Unfortunately, this isn’t just a figure of speech for many—it’s a devastating reality. Being hit by a truck, especially a massive vehicle like a Mack truck, can result in severe injuries and life-altering consequences. If you or someone you know has experienced this trauma, it’s crucial to understand your rights and the steps to take for legal recourse.
The Seriousness of Mack Truck Accidents
Mack trucks are large commercial vehicles that, when fully loaded, can weigh up to 80,000 pounds. Despite ongoing safety improvements, these trucks’ sheer size and weight make them incredibly dangerous in accidents. When a passenger vehicle is hit by a Mack truck, the results can be catastrophic, leading to injuries such as traumatic brain injuries, spinal cord injuries, broken bones, and internal organ damage. Sadly, fatalities are not uncommon in these collisions.
What to Do After Being Hit by a Mack Truck
After being hit by a semi-truck, taking specific steps to protect your well-being and legal rights is crucial. Here’s a detailed guide on what to do:
Prioritize Safety
Your first priority is safety. If you can move and it’s safe to do so, get yourself and others involved in the accident to a secure location away from traffic. Turn on hazard lights and use warning triangles or flares to alert other drivers.
Check for Injuries
Assess yourself and others for injuries. If anyone is seriously injured, call emergency services immediately. Even if injuries seem minor or non-existent, seeking medical evaluation is still essential. Some serious injuries may not show immediate symptoms.
Call Law Enforcement
Contact the police or highway patrol to report the accident. Their presence is crucial for documenting the scene, gathering witness statements, and creating an official report, which can be valuable for insurance claims and legal proceedings.
Exchange Information
Exchange information with the semi-truck driver, including name, contact information, driver’s license number, insurance details (company name, policy number), trucking company information (name, contact, DOT number), and vehicle registration and license plate number.
Document the Scene
If it’s safe to do so, gather evidence at the scene. It is a good idea to take photos of the vehicles involved, including damages and license plates. Capture road conditions, weather, and any relevant signage or signals and collect witness contact information and statements.
Avoid Admitting Fault
Refrain from admitting fault or discussing the details of the accident with anyone other than law enforcement and your legal representative. Even a simple apology can sometimes be misconstrued as an admission of guilt.
Seek Medical Attention
Even if you don’t feel injured, undergoing a medical evaluation as soon as possible is crucial. Some injuries, such as whiplash or internal trauma, may not be immediately apparent but can have serious consequences if left untreated.
Notify Your Insurance Company
Report the accident to your insurance company as soon as possible. Provide them with the necessary details and cooperate with their investigation. However, avoid giving recorded statements or signing anything without consulting a lawyer.
Contact a Semi-Truck Accident Attorney
Seeking legal counsel is crucial in navigating the complexities of a semi-truck accident case. An experienced attorney specializing in truck accidents can assess your situation, determine liability, handle communications with insurance companies and legal parties, and advocate for your rights.
Keep Records
Keep all documents related to the accident, including medical records, repair estimates, correspondence with insurance companies, and bills. These records will be essential for building your case and seeking appropriate compensation.
Can I Sue for Being Hit by a Semi-Truck?
Yes, you can sue for being hit by a semi-truck under certain circumstances. If the truck driver’s negligence, recklessness, or intentional misconduct caused the accident and resulted in your injuries, you may have grounds for a legal claim. Here are some key points to consider:
Negligence
To have a viable lawsuit, you must show that the truck driver breached their duty of care by acting negligently. This could include actions like speeding, distracted driving, driving under the influence, or violating traffic laws. A valid negligence claim requires evidence such as witness statements, police reports, accident reconstruction analysis, and medical records.
Injuries
You can generally sue for damages related to your injuries in the truck accident. These damages may include medical expenses, lost wages, pain and suffering, property damage, and other related costs. Documenting your injuries thoroughly with medical records and reports from healthcare providers is essential.
Legal Assistance
Seeking legal assistance from an experienced truck accident attorney is highly recommended. They can assess the details of your case, determine liability, gather evidence, negotiate with insurance companies, and represent you in court if necessary. An attorney will also ensure that your rights are protected throughout the legal process.
Statute of Limitations
Remember that there is a time limit, known as the statute of limitations, within which you must file a lawsuit for personal injuries resulting from a truck accident. This time limit varies by state, so it’s important to consult with a lawyer promptly to understand and meet any deadlines.
Comparative Fault
In some states, the concept of comparative fault may apply, meaning that even if you were partially responsible for the accident, you may still be able to recover damages. Typically, a court will reduce your compensation based on your degree of fault. This legal theory varies widely by state, so working with an experienced attorney can be especially helpful in navigating comparative fault.
How D’Amore Law Group Can Help
At D’Amore Law Group, we understand the complexities of truck accident cases and the challenges you may face. Our experienced team of attorneys is dedicated to helping victims of truck accidents seek justice and fair compensation for their injuries, medical expenses, lost wages, and pain and suffering. If you or someone you know was hit by a Mack truck or any other commercial vehicle, don’t hesitate to reach out to us for a free consultation to discuss your case.
