Important Steps to Take After a Truck Accident

With trucks weighing up to 80,000 pounds and traveling at highway speeds, accidents involving these vehicles can result in catastrophic damage, serious injuries, and even fatalities.
When a truck driver has an accident, the repercussions are far-reaching, affecting everyone involved—from the driver and their employer to the victims, law enforcement, and even the broader community.
What happens when a truck driver has an accident? That all depends on the circumstances, which we can explore below. What’s important to remember, however, is that you shouldn’t have to bear the burden of someone else’s mistake.
That means when someone else causes an accident where you get injured, you have legal options and don’t have to face the aftermath of an accident alone. When disaster strikes, contact Morgan & Morgan for a free case evaluation to take your first step toward justice.
Immediate Steps After a Truck Accident
The moments immediately following a truck accident are chaotic. For all parties involved, safety and medical attention are the top priorities. Here’s what to do:
Ensure Your Safety
Truck accidents often occur on highways or busy roads, creating a dangerous environment for other motorists. The truck driver, other drivers, and passengers involved should move to a safe area if possible. Emergency services are usually called to secure the scene and provide medical assistance.
Calling Law Enforcement
Local police or highway patrol will respond to the accident. They’ll document the scene, take witness statements, and prepare an official accident report. This report often becomes a critical piece of evidence in any ensuing legal case.
Medical Attention
Injuries from truck accidents are often severe, requiring immediate medical attention. Even if injuries seem minor, it’s essential to seek medical care. Some injuries, like whiplash or internal trauma, may not manifest symptoms until later.
Documentation
Both the truck driver and others involved should gather as much information as possible. This includes taking photos of the accident scene, exchanging insurance and contact information, and noting road conditions or other relevant factors.
Investigating the Truck Accident
Once the immediate crisis is addressed, the investigation begins. Truck accidents are complex and require a thorough examination to determine what happened and who is at fault.
Police Investigation
Law enforcement agencies will collect evidence, including:
- Skid marks on the road
- Vehicle damage
- Witness statements
- Dashcam or surveillance footage
The police report will include these findings and may assign preliminary fault, though this is not always definitive in legal terms.
Employer and Insurance Involvement
The trucking company and its insurance provider will conduct their own investigations. Federal regulations require commercial trucks to have black boxes or Electronic Logging Devices (ELDs), which record data such as:
- Speed at the time of the crash
- Hours driven (to ensure compliance with hours-of-service regulations)
- Braking patterns
These devices can provide critical insights into the cause of the accident.
Third-Party Experts
In severe cases, accident reconstruction experts may be hired to analyze the crash. These professionals use physics and engineering principles to recreate the accident and pinpoint contributing factors.
Who’s to Blame? Determining Fault in a Truck Accident
One of the most contentious aspects of a truck accident is determining fault. Several parties could bear responsibility:
Truck Driver
Common causes of driver negligence include:
- Fatigue due to exceeding hours-of-service limits
- Distracted driving, such as texting or eating
- Driving under the influence of drugs or alcohol
- Speeding or reckless driving
Trucking Company
The trucking company may be liable if:
- They failed to properly train or vet the driver.
- They encouraged unsafe practices, like skipping rest breaks.
- The truck was improperly maintained or overloaded.
Vehicle Manufacturer or Maintenance Provider
If a mechanical failure, such as brake failure or tire blowout, caused the accident, the manufacturer or maintenance provider may be held accountable.
Other Drivers
In some cases, another motorist may have caused the truck to crash by cutting off the truck, braking suddenly, or engaging in other reckless behaviors.
Government Entities
Poor road design, construction hazards, or a lack of proper signage could make a government entity responsible.
Legal and Financial Consequences for Truck Drivers
Truck drivers involved in accidents often face serious legal and financial consequences. These may include:
- Personal Liability
If the driver’s negligence caused the accident, they could be held personally liable, especially if the trucking company proves they violated company policies or federal regulations. - Employment Consequences
Truck drivers may face suspension or termination if they’re found at fault. Their commercial driver’s license (CDL) could also be revoked or suspended. - Criminal Charges
If the accident resulted in fatalities or was caused by reckless behavior, the driver could face criminal charges, such as vehicular manslaughter. - Financial Burden
Even if the trucking company carries insurance, drivers may face lawsuits from victims seeking compensation for medical bills, lost wages, and other damages.
Legal Rights and Options for Victims
For victims of truck accidents, understanding their legal rights is important for obtaining the compensation they deserve. If you were in an accident, here’s what you can do:
Hire a Truck Accident Attorney
Truck accident cases are complicated due to the number of parties involved and the specific regulations governing the trucking industry. An experienced attorney can:
- Investigate the accident thoroughly
- Identify all liable parties
- Handle negotiations with insurance companies
File a Personal Injury Claim
Victims can file a personal injury claim to recover damages, such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Pursue a Wrongful Death Lawsuit (If Applicable)
If a loved one dies in a truck accident, their family may file a wrongful death lawsuit. This can provide compensation for funeral expenses, loss of income, and emotional suffering.
Federal Regulations Impacting Truck Accident Cases
The trucking industry is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations often play a significant role in legal cases. Key regulations include:
- Hours of Service (HOS) Rules
Drivers are limited to a specific number of hours behind the wheel to prevent fatigue. Violations of HOS rules are a common factor in accidents. - Vehicle Maintenance Requirements
Trucks must undergo regular inspections and maintenance. Failure to comply can result in accidents and increased liability for trucking companies. - Weight Limits
Overloading a truck can make it harder to control and more likely to cause a crash. Federal weight limits are strictly enforced to prevent this. - Drug and Alcohol Testing
Truck drivers are subject to random drug and alcohol testing. A positive test following an accident can lead to criminal charges and increased liability.
Preventing Truck Accidents
While accidents can’t always be avoided, steps can be taken to reduce the risk. These include:
- Driver Training
Comprehensive training programs ensure drivers are prepared for various road conditions and emergencies. - Technology
Many trucks are equipped with advanced safety technologies, such as automatic emergency braking, lane departure warnings, and collision mitigation systems. - Adherence to Regulations
Both drivers and companies must follow FMCSA regulations to minimize risks. - Public Awareness
Educating other motorists about how to share the road safely with trucks can also reduce accidents.
Morgan & Morgan Can Help Truck Accident Cases
Morgan & Morgan is committed to helping victims of truck accidents secure justice and fair compensation. With decades of experience handling complex personal injury cases, the firm’s attorneys have the resources and expertise to take on large trucking companies and their insurance providers.
Truck accidents are life-changing events that require careful handling to ensure justice is served. Whether you’re a victim seeking compensation or a truck driver navigating the aftermath of an accident, Morgan & Morgan is here to help.
Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.
Injured? Getting the compensation you deserve starts here.
