Being involved in an 18-wheeler truck accident is a life-altering event. These accidents often result in severe injuries, emotional trauma, and financial strain. Knowing what steps to take immediately after such an incident can make a significant difference in protecting your rights and securing the compensation you deserve. This semi-truck accident guide is designed to help accident victims navigate the complex legal, medical, and insurance processes that follow a truck accident in California.
Whether you're dealing with medical bills, lost wages, or negotiating with insurance companies, this article will provide you with practical advice tailored to California's legal landscape. Read on to learn how to protect your rights and build a strong case for fair compensation.
Immediate Steps to Take at the Accident Scene
Remain at the Scene
Do not leave the site of the accident before speaking with law enforcers. Staying at the location is critical for several reasons. Leaving an accident scene where others have sustained injuries or vehicle damage can result in hit-and-run charges, which carry severe penalties, including potential jail time.
If the truck driver leaves before law enforcement arrives, try to note their license plate number and provide it to authorities. If possible, take a photo or video as evidence.
If there are injuries or property damage, you need to remain present to provide your account of what happened. This allows law enforcement to assess the situation and determine who is responsible for the incident.
The insurance policy of the at-fault party will typically cover expenses such as vehicle repairs and medical treatment for those injured. The more severe the accident, the more important this process becomes.
Call for First Responders While Ensuring Safety
While waiting at the scene, call 911 to report the accident and request assistance from first responders. Before making the call, assess whether it’s safer to stay in your vehicle or move to a secure location on the side of the road. If there’s a fire risk or leaking fuel, try to move away from the vehicle after taking pictures of the scene for documentation purposes.
If no one is severely injured and there’s no major damage to your car, you’ll need to move your vehicle off the road to prevent further collisions. Activate your hazard lights and use roadside flares or safety markers if available. Semi-truck drivers often carry these items and may assist in setting them up.
Provide Clear Information When Calling 911
When contacting 911, speak clearly and provide your full name, phone number, and precise location. Inform them that you’re reporting a motor vehicle accident and describe what occurred in detail but avoid discussing details like who you think is at fault.
The dispatcher will send law enforcement automatically but let them know if additional help is needed, such as firefighters or paramedics. In the event that someone is trapped or gravely hurt, this saves crucial time.
Document Evidence at the Scene
While police are on their way, take photos or videos of the accident scene if possible. Capture images of any visible injuries and vehicle damage, as well as any relevant details about road conditions or surrounding property damage. Important details may include skid marks, traffic signs, road obstructions, evidence of intoxicating substances, and the like.
If you don’t have access to a phone, sketch a diagram of the scene while it’s fresh in your memory and make notes about what happened.
Visual evidence can be invaluable in case law enforcement makes errors in their report or leaves it incomplete due to being called away to another emergency.
Exchange Contact and Other Important Details With Other Drivers
Exchange information with the semi-truck driver who was involved in the collision, if it is safe to do so. Collect details such as license plate numbers, driver’s license information, insurance policies, and personal contact details. Additionally, obtain contact information for their employer if they work for a trucking company rather than being an independent owner-operator.
Speak With Witnesses
If there were witnesses present during the accident, try to speak with them while still at the scene. Ask for their names and contact information so they can later confirm your version of events if needed during insurance claims or legal proceedings.
Seek Medical Attention Promptly
Whether you’re transported from the scene by ambulance or visit a healthcare provider later on your own, make sure you receive proper treatment for any injuries sustained during the accident. Follow all medical instructions carefully and keep detailed records of diagnoses and treatments received.
Common injuries from truck accidents include cuts, bruises, fractures, head trauma, whiplash, internal bleeding, and psychological effects like PTSD. Even symptoms that emerge days later should be documented by a medical professional as they may impact future claims or legal cases.
Contact Your Insurance Company Carefully
Notify your auto insurance provider about the accident soon after it occurs since most policies require prompt reporting. However, stick to providing only basic facts about what happened and avoid admitting fault during this conversation.
You may also want to consult with a truck accident attorney before speaking with your insurance company to ensure you don’t inadvertently harm your claim.
Watch for Injuries or Vehicle Damage That May Appear Later
Sometimes injuries are masked by adrenaline or shock, only to become apparent later. Pain or medical issues might surface hours or even days after the crash. Because of this, it’s best to avoid giving statements like “I’m okay” or “I’m fine” at the scene. Look out for any health changes days after the crash, and don’t hesitate to get medical care for injury symptoms.
Similarly, while your vehicle may seem undamaged initially, hidden issues could arise later. A mechanic might discover structural damage, such as a cracked chassis or broken components, that wasn’t immediately visible.
Why Reporting the Accident Is Crucial
In California, reporting a truck accident is not just advisable — it’s legally required under certain conditions.
- Police report: You must file a report with law enforcers if the crash resulted in injury or death. File with your city police if the accident occurred within city limits, or with the California Highway Patrol (CHP) if it was on a freeway. Ask for a copy of the written report, as it will serve as an official record of the accident and can be used as evidence in your claim.
- DMV report: If the truck crash resulted in injury, death, or property damage over $1,000, you must report it to the California Department of Motor Vehicles (DMV). This is separate from your police report.
- Insurance requirements: Most insurance companies require immediate notification of any vehicle accident involving significant damage or injuries. Notify your auto insurance company but provide only the basic facts and never admit fault.
- Legal compliance: Failing to report the accident may result in penalties or weaken your case.
Make sure you provide accurate and detailed information when reporting the accident.
Dealing with Insurance Companies After a Truck Accident
Insurance companies often aim to minimize payouts, making it crucial to approach negotiations carefully.
- Avoid quick settlements: Initial offers rarely reflect the full extent of damages.
- Provide accurate information: Stick to facts when communicating with adjusters; avoid speculation or pointing fingers.
- Consult an attorney: A personal injury lawyer can handle negotiations and help ensure you receive fair compensation.
Don’t let insurance companies take advantage of you during this stressful time.
What Makes Semi Truck Accidents Different from Car Accidents?
Since trucks and semi-trucks are large, heavy, and sophisticated, truck accidents are very different from regular auto accidents. When fully laden, an 18-wheeler can weigh up to 80,000 pounds, making crashes disastrous.
- Severity of injuries: The sheer force of impact often results in severe physical injuries or fatalities.
- Multiple liable parties: Unlike in car accidents, liability in truck crashes may extend beyond the truck driver to include trucking companies, vehicle maintenance teams, or even manufacturers.
- Federal regulations: The Federal Motor Carrier Safety Administration (FMCSA) enforces strict guidelines for trucking operations, including hours of service and vehicle maintenance. These could factor into accident investigation.
- Types of accident: The sort of accident should be taken into account for various reasons including what to do while deciding what to do following a semi-truck collision. For example, the procedures for recovering after a semi-truck accident will alter slightly depending on whether you were hurt by a hazardous leak or a blown-out tire.
Types of Semi-Truck Accidents
These are some of the most common kinds of 18-wheeler crashes in California:
Jackknifing
Jackknife accidents occur when the cab and trailer of a semi-truck bend at the point where they connect, forming a sharp angle like a folding knife. This happens when the trailer moves in a different direction or at a faster speed than the cab, causing the two sections of the truck to face opposite directions. When an 18-wheeler jackknifes, it not only creates a huge road obstruction, it also invites collisions with other vehicles.
Tire Blowouts
Tire blowout accidents happen when a truck's tire bursts, which can occur due to regular wear and tear, manufacturing defects, or poor maintenance. A blowout can cause the truck to veer into another lane, overturn, or jackknife. These incidents are especially dangerous for other vehicles, as flying tire debris can strike cars, or drivers may collide with a truck that loses control due to the blowout.
Rollovers
Truck rollover accidents involve a truck tipping over either on the roadway or off it. These crashes are often caused by factors such as excessive speed, improperly balanced or loaded cargo, slippery road conditions, mechanical failures, or mistakes made by the driver.
Truck Underride
Underride accidents happen when a smaller vehicle slides beneath a truck during a collision. Although many trucks are now equipped with underride bars designed to prevent such incidents, not all semi-trucks have this safety feature installed, leaving passenger cars vulnerable in these situations.
Cargo Shifting
Unsecured load accidents occur when the cargo being transported by a semi-truck is not properly secured. This can result in cargo spills, tipping incidents, jackknifes, or even rollovers. Ensuring that loads are tightly secured is crucial to preventing these types of accidents.
HazMat Spills
Hazardous materials accidents involve trucks carrying dangerous substances such as petroleum products, explosives, pesticides, radioactive materials, or infectious agents. When an accident occurs with a hazmat truck, it often requires specialized cleanup procedures due to the potential risks posed by these materials.
Understanding these differences is crucial for building a strong legal case.
Why Hiring a Truck Accident Attorney Is Essential in an 18-Wheeler Truck Accident in California
- Proficiency in trucking laws and regulations – Truck accident cases are governed by complex federal and state laws, including regulations from the FMCSA. A truck accident attorney has specialized knowledge of these rules, such as hours-of-service requirements and maintenance standards, which can be critical in proving negligence.
- Thorough investigation and evidence collection – An experienced attorney will conduct a detailed investigation into the accident. This includes gathering evidence like driver logs, maintenance records, witness statements, and accident reconstruction reports. Such evidence is vital to building a strong case and determining liability.
- Identifying all liable parties – The truck driver, the trucking company, the cargo loaders, and even the automakers are frequently involved in truck accidents. A skilled lawyer can identify all responsible parties to ensure you pursue compensation from every source.
- Maximizing compensation – A skilled personal injury lawyer will thoroughly determine the entire amount of your losses, taking into account future costs, medical bills, lost income, and pain and suffering. They will fight to secure the maximum compensation you deserve.
- Handling insurance companies – Insurance firms frequently try to reduce payouts or completely reject claims. A truck accident attorney can handle negotiations on your behalf, ensuring your rights are protected and that you receive fair compensation for your injuries and damages.
- Navigating comparative fault laws – California’s comparative fault laws can complicate claims if you are partially at fault for the accident. An attorney can help minimize your liability percentage and ensure it doesn’t unfairly reduce your compensation.
- Access to resources and experts – Truck accident lawyers often work with expert witnesses such as accident reconstruction specialists, medical professionals, and economists. These experts can provide critical testimony to strengthen your case.
- Representation in court – If your case goes to trial, a truck accident attorney will provide skilled legal representation. They will present compelling arguments and evidence to advocate for your rights before a judge or jury.
Hiring a truck accident attorney ensures that you have an advocate who understands the complexities of these cases and is dedicated to securing the best possible outcome for you.
For a Free Consultation on Your Truck Accident Claim, Contact Barrios & Machado Today
Don't deal with the fallout alone if you or a loved one has been in a vehicle accident. The experienced team at Barrios & Machado Personal Injury & Accident Lawyers is here to provide the legal support and guidance you need to pursue fair compensation. With a track record of securing millions in compensation for truck accident victims, we are committed to fighting for your rights and ensuring no one takes advantage of your situation.
Whether you’re dealing with medical bills, lost wages, or emotional trauma, we’ll help you navigate the complexities of your case and work tirelessly to achieve the best possible outcome.
For a private, no-cost consultation, get in touch with us right now. Call or text us at (714) 515-9696 and let us take the first step toward justice together.
