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Being involved in any type of auto accident can be an overwhelming and frightening experience.
Afterward, you may feel confused and uncertain about what to do next. The steps you take now can greatly help, or hurt, any future personal injury claim you file. Below, our Charleston truck accident lawyer outlines the most important steps to take after a crash.
Stop at the Accident Scene
Most truck accidents render small passenger vehicles unable to operate. Still, even if you can still drive your vehicle, it is critical that you stop at the accident scene. If you do not, you may be charged with a hit-and-run, as the law requires all motorists to stop after a crash.
Make Sure Everyone is Safe
The safety and well-being of everyone involved in the crash is the most important priority after a truck accident. After stopping your vehicle, move it off of the road so it does not cause a secondary accident. Then check everyone involved in the crash to assess injuries and determine if emergency assistance is necessary.
Report the Accident
State law in South Carolina stipulates that any auto accident resulting in injury, death, or more than $1,000 in damage is reported to authorities. You can report the accident to local law enforcement or call 911, which will call not only the police but also an ambulance to the scene. This is an important step, as it is likely that a truck accident will result in injuries or significant property damage.
Reporting the accident to the authorities will also result in a police report being filed. These reports are very beneficial in many accident cases, as they can indicate which motorist was at fault, proving liability.
Seek Medical Attention
There is little chance that you will walk away from a truck accident unscathed. Still, it is critical that you seek medical attention, even if you do think you were badly injured. Doing so is important for many reasons.
Your safety is of the utmost priority after a truck accident. Obtaining medical treatment for any injury you suffer will ensure that they do not become worse and that your well-being is protected.
Additionally, many injuries such as whiplash and concussions do not present symptoms right away.
A doctor will perform a full examination, know what injuries to check for, and provide the immediate treatment you need.
Lastly, if you fail to seek medical attention after a truck accident, the insurance company will use this against you. They will argue that you could not have been that injured because you did not see a doctor as soon as possible.
Follow Through with All Medical Advice
Not only should you obtain medical treatment immediately after the crash, but you should also follow through on all medical advice.
Attend all follow-up appointments, take all prescribed medications, and listen to all of your doctor’s other recommendations. If you do not, the other side will argue that you did not try to prevent your injuries from becoming worse.
Take Photos at the Accident Scene
Photos and video footage provide some of the strongest evidence in truck accident claims, as they can show how the crash occurred and who is at fault. Take photos and video footage of the overall accident scene, and take close-up pictures of the damage to all of the vehicles involved, your injuries, and other relevant information, such as skid marks on the ground.
Exchange Information
There is a lot of information you should exchange with all drivers involved in any crash. You should exchange your name, contact information, and insurance details. Also, ask the truck driver for the name of the trucking company they work for, as well as their commercial driver’s license number.
Your Charleston truck accident lawyer will need all of this information when filing your claim.
Locate Eyewitnesses
The testimony of eyewitnesses provides very strong evidence after a truck accident. Eyewitnesses have nothing to lose or to gain from their testimony and so, they are considered to be objective and neutral parties. The statements of eyewitnesses can help determine who caused the crash and who is liable for paying damages.
What Not to Do After a Truck Accident in Charleston
Just as there are certain things you should do after a truck accident, there are also certain actions you should avoid. If you do any of the following, it could put your claim and any damages you deserve at risk:
- Apologize: You may say you are sorry that the accident happened at all. The liable party and the insurance company, though, will take your words out of context and use them against you. They will say that your apology shows that you caused or contributed to the accident. Under the state’s comparative negligence laws, this could significantly impact the amount of damages you receive.
- Sign a medical release: The insurance company may ask you to sign a medical release. They do this so they can access your medical records and look through your medical records to find a pre-existing condition. If they find one, they will blame this on your injuries, saying the accident did not cause them.
- Accept a settlement: The insurance company will also likely offer you a settlement in the days or weeks following a crash. They hope that you will be happy to be offered anything at all and so, will accept the settlement. Unfortunately, this initial settlement will not be enough to fully cover the cost of your injuries. If you need more compensation in the future, you cannot go back to the insurer and ask for more in the future.
Call Our Truck Accident Lawyer in Charleston
One of the first things you should do after any collision is call a Charleston truck accident lawyer. At Trey Harrell, our experienced attorney can conduct an investigation to determine who is at fault and hold them responsible for paying the full and fair damages you deserve. Contact us to schedule a consultation and to get the legal help you need. Remember Trey Helps!