After the Crash: Navigating the First 24 Hours Post-Truck Accident in Virginia

Truck accidents are some of the most devastating collisions on the road. The disparity in size and weight between large trucks and smaller passenger cars often leaves occupants with severe injuries, psychological trauma, and life-altering repercussions that can be incredibly difficult to cope with in the aftermath of a crash.

Every decision you make in the critical 24 hours following a truck accident can have far-reaching consequences. From seeking medical attention to gathering evidence and contacting an experienced truck accident attorney, knowing the crucial steps to take will help you lay the foundation for your recovery and pursuit of justice.

Report the Accident

If you or anyone else was injured, call 911 immediately. Virginia law requires drivers to immediately report any crash involving injury or death to law enforcement. When a police officer arrives, cooperate fully but stick to the facts of what happened. Avoid admitting fault or apologizing, as the other party could use it against you later. The police report can contain valuable information that can help with your accident claim.

Get the Truck Driver’s Information

Collecting essential information at the accident scene is critical to your insurance claim. Be sure to get the following information from the other driver:

• The truck driver’s name, contact information, commercial driver’s license number, and insurance information
• The name and contact information of the driver’s employer and trucking company, including the company’s U.S. DOT number
• The truck’s license plate number, VIN, vehicle registration number, and any other identifying details

If the police respond, they will compile this information into the official police crash report. But if law enforcement doesn’t come to the scene for some reason, it’s up to you to gather these facts.

Take Pictures

Use your phone’s camera to document the accident scene thoroughly. Take pictures and videos of property damage from multiple angles. Capture skid marks, debris, road signs, traffic signals, and the surrounding area. Also, take pictures of any visible injuries you suffered. These images could serve as valuable evidence that could be an essential element in your injury case.

Seek Medical Attention

Even if you feel okay after the crash, you should still seek medical care. Some severe injuries like concussions and internal bleeding may not show symptoms immediately. Tell your doctor that you were in a truck accident and describe any pain or problems you’re experiencing so the full extent of your injuries is appropriately documented. Follow your doctor’s treatment recommendations and attend all follow-up appointments. Your medical records can help show that you were injured. Your medical bills can establish some of the costs you’ll seek to recover in your claim.

Be Careful What You Say and Post

In the days after the accident, an insurance adjuster from the trucking company’s insurer may contact you seeking a recorded statement about the crash. It’s advisable to consult a lawyer before talking to them. The adjuster’s goal is to find ways to limit the company’s liability. They may try to get you to say something that undermines your claim. Also, be cautious about posting accident details on social media. The insurance company could take your comments out of context and argue that you weren’t hurt. To protect your case, avoid discussing the collision online.

Hire an Experienced Truck Accident Lawyer to Preserve Evidence

Truck accident cases are often complex since the truck driver, the trucking company, and other parties could be liable for your injuries. Hiring an experienced truck accident lawyer right away can help secure and preserve evidence before it is lost, cleaned up, or erased. Some crucial pieces of evidence your lawyer will try to secure include:

Black Box Data

Most commercial trucks are equipped with electronic control modules (ECMs), also known as “black boxes” or event data recorders (EDRs). These devices record critical data about the truck’s operation before, during, and after a crash. Black boxes can provide information on the truck’s speed, braking, throttle position, airbag deployment, and more.

It’s essential to download and preserve black box data as soon as possible after an accident, as some devices only store data for a limited time before overwriting it. Federal regulations require certain vehicles manufactured after 2000 to be equipped with EDRs.

Driver Logs

Truck drivers must keep records of duty status (RODS), tracking their driving time, on-duty time, and rest breaks to ensure compliance with hours-of-service (HOS) regulations. As of December 2017, most commercial drivers must use electronic logging devices (ELDs) to record HOS data automatically.

Driver logs, whether electronic or paper, can provide critical evidence of HOS violations, driver fatigue, or log falsification that may have contributed to an accident. Carriers must retain ELD data and backup records for six months. An experienced legal team can help obtain this information.

Inspection and Maintenance Records

Trucking companies must regularly inspect, repair, and maintain their vehicles and keep maintenance records. Pre-trip and post-trip inspection reports, maintenance logs, repair receipts, and other documents can reveal issues like worn brakes, bad tires, or mechanical problems that may have caused or worsened an accident.

Federal regulations require motor carriers to retain vehicle inspection reports and maintenance records for at least one year. They must also retain records of tests conducted on pushout windows, emergency doors, and emergency door marking lights for at least two years.

Other evidence that could help your attorney build a strong truck accident case includes:

• Police accident reports
• Witness statements
• Truck driver personnel files (driving records, training documents, drug tests, etc.)\
• Truck company safety records
• Bills of lading and other cargo documents
• Cell phone records (to show potential driver distractions)

Preserving evidence after a truck accident often requires fast action and experience investigating these types of crashes. To complicate matters further, the trucking company and its insurers might destroy or alter critical evidence. Because this happens, an experienced truck accident attorney can send spoliation letters and take all available legal action to secure vital evidence before it disappears.

Contact a Truck Accident Lawyer from the Kendall Law Firm Now

At the Kendall Law Firm, our Virginia truck accident attorneys have over 30 years of experience representing truck accident victims across the state. We help injured people, not insurance companies or big corporations. If you or a loved one was hurt in a truck accident, our team is ready to help. We offer a free consultation. We charge no fees unless we win your case, so call us or contact us online to speak with a personal injury attorney today.