After a truck accident, you're likely fielding calls from insurance adjusters, managing medical appointments, and trying to hold your normal life together at the same time. The trucking company's attorneys are already building their case, and the steps you take in the days that follow will directly affect what you're able to recover.
Even if injuries aren't immediately apparent, call 911. A police report creates an official record of the crash that becomes part of your case later, and emergency responders can document conditions at the scene that you may not be in a position to notice yourself.
If you're able to, collect the following:
Don't apologize or make any statements about fault at the scene. Anything you say to the truck driver, their employer, an insurance representative, or anyone else can be used against you later. Keep communication with first responders focused on your physical condition and what you observed.
Get checked out by a doctor as soon as possible after the crash, even if you feel fine. Injuries like traumatic brain injuries, spinal damage, and internal bleeding don't always produce immediate symptoms, and a delay in diagnosis can worsen your condition and give the trucking company's attorneys room to argue that your injuries weren't caused by the crash.
A medical record created close to the date of the accident establishes a direct connection between the crash and your injuries. If you wait days or weeks before seeing a doctor, the defense will use that delay to dispute whether the crash caused your injuries at all.
Keep records of:
Keep a daily journal of your symptoms, pain levels, and how your injuries are affecting your ability to work, sleep, and carry out daily tasks. A journal maintained consistently from the days after the crash gives your attorney a detailed account of how the crash has affected your life that medical records alone don't capture.
Your damages are only as recoverable as they are documented, so treat every receipt, every appointment, and every missed day of work as evidence.
The trucking company's carrier will likely contact you shortly after the crash requesting a recorded statement. You are not required to give one, and doing so before you have an attorney puts you at a disadvantage. Insurance adjusters are trained to ask questions in ways that minimize your injuries and establish partial fault on your part.
An initial settlement offer from the trucking company's carrier is designed to close your case before the full extent of your injuries and damages is known. Once you accept a settlement, you forfeit the right to pursue additional compensation, even if your medical costs turn out to be significantly higher than the settlement covered.
Anything you post publicly after the crash, photos, comments about your condition, or statements about the accident, can be obtained by the defense and used to challenge your account of events or the severity of your injuries.
The trucking company or their carrier may send documents that appear routine, medical record releases, settlement agreements, or liability waivers. Don’t sign anything before an attorney has reviewed them, as signing can limit your ability to pursue the full value of your case.
Start documenting as soon as you're able to after the crash. The more detailed your record, the harder it is for the defense to dispute what happened and what it cost you.
Photograph your injuries as they develop, including bruising and swelling that may not appear until a day or two after the crash. Keep a written record of your symptoms, pain levels, and how your injuries are affecting your daily life. Entries made close to the events they describe carry more weight than recollections made weeks later.
Don't have your vehicle repaired or disposed of before it has been inspected and documented. Your vehicle is physical evidence of the force of the crash, and its condition can support your account of what happened.
Keep every piece of paper, digital document, and every communication related to the crash:
If you weren't able to document the scene at the time, go back or have a friend or family member go back as soon as you're able to to capture what you can. Road conditions, signage, and the physical layout of the crash site can all be relevant, and an attorney can send an investigator to document the scene professionally.
The trucking company and their carrier are not on your side. Adjusters will contact you, sometimes within hours, and frame the conversation as routine and helpful.
The carrier may request that you sign a medical record release. A blanket release gives them access to your entire medical history, not just records related to the crash, and that history can be used to argue that your injuries were pre-existing. Don't sign anything without an attorney reviewing it first.
The trucking company may request access to your vehicle for their own inspection. Don't agree to anything before speaking with your attorney, as the terms of that inspection and what they're allowed to document can affect your case.
Trucking companies and their carriers sometimes hire investigators to photograph or film injured victims in the days and weeks after a crash, looking for anything that contradicts your account of your injuries. Be aware that activity in public spaces can be documented and used against you.
Washington follows a comparative fault rule, meaning your compensation is reduced by your percentage of fault in the crash. If the defense establishes that you were 20% at fault, your recovery is reduced by 20%.
For that reason, trucking companies and their carriers will look for any opportunity to put more blame onto you, and the statements you make after the crash are one of the primary ways that happens. An attorney who gets involved at the beginning can challenge fault attribution before it gets built into the defense's position.
The trucking company's attorneys are assigned to the case immediately after a crash is reported, and they aren't waiting for you to get organized. Every day between the crash and the moment you hire an attorney is a day the defense is building their case without opposition.
An attorney can send a spoliation letter to the trucking company immediately, which puts them on formal notice that electronic logging device data, driver qualification files, maintenance records, and internal communications need to be preserved. Without that letter in place, the trucking company has no formal obligation to retain data that would otherwise be overwritten or destroyed.
Once you have an attorney, all communication from the trucking company's carrier goes through that attorney. You're no longer at risk of giving a recorded statement, signing a document, or accepting an offer without an attorney who knows what those things actually cost you reviewing them first.
The longer you wait to hire an attorney, the more of that window closes. Electronic logging device data gets overwritten. Witnesses become harder to locate. The scene gets cleaned up. The defense team gets further into their investigation. An attorney who gets involved in the days after a crash can pursue evidence and liable parties that may be out of reach weeks later.
In truck accident cases Washington’s statute of limitations gives you three years from the date of the crash to pursue a personal injury case. If the crash involved a government vehicle or a publicly owned road, you may have as little as 60 days to file a notice of claim. Missing that deadline can bar you from pursuing compensation entirely. Three years can close faster than it seems when evidence needs to be gathered, liable parties need to be identified, and medical treatment is ongoing.
If you've been injured in a truck accident in Washington State, the sooner you have a truck accident attorney working your case, the better positioned you are to recover what you're owed. Freeman Law Firm fights for truck accident victims throughout Washington State, with offices in Tacoma, Renton, and Olympia. We handle cases on contingency, so there's no fee unless we win. Contact us today at (253) 383-4500 for a free consultation.
Disclaimer: The information on this website is for general informational purposes only and is not legal advice. Viewing or using this site does not create an attorney-client relationship with Freeman Law Firm, Inc. Case results depend on specific facts and cannot be guaranteed. For legal guidance for your individual situation, contact our office for a consultation.
