Each year, roughly 500,000 large truck accidents occur, resulting in over 150,000 injuries. Truck accident injuries can be catastrophic, with many individuals experiencing long-term disability. If you believe that you are liable for the crash, it is important that you take certain measures to preserve your right to file a claim. Our truck accident lawyers explain what steps you should take following a truck crash if you believe that you are at fault.
Seek Immediate Medical Attention
If you are injured, seek medical attention immediately. By receiving prompt care, you minimize your chance of suffering complications while preserving your right to pursue a claim. The insurance company will want to see that you received medical care within three days of the accident. If you choose to wait, you risk the insurance company denying your claim.
Report the Truck Accident to Law Enforcement
Pennsylvania law requires that you call the police if anyone is injured, killed, or if property damage exceeds $1,000. If your vehicle must be towed, call the police. Given the sheer size of a tractor-trailer truck, there is a significant likelihood that your vehicle will sustain at least $1,000 in damage when struck by a commercial truck. If a police officer does not respond to the scene, then you have five days to file a report with the Pennsylvania Department of Transportation (PennDOT).
Avoid Admitting Fault at the Accident Scene
Even if you believe you are responsible for the collision, never admit fault. While you may be certain that you are liable, the other driver may have contributed to the crash (factors that you would likely not be aware of). By admitting fault, you remove any possibility of receiving compensation, even if you are only partially at fault.
Document the Truck Accident Scene and Your Injuries
If possible, take pictures of any vehicle wreckage, skid marks, shredded tires, and identify landmarks and nearby intersections. Any information that can be provided is helpful in piecing together what happened. If any bystanders saw the accident, get their names and contact information. You may need to contact them later to testify. If your injuries were minor and you did not already receive medical care, document your injuries as well.
Notify Your Insurance Company and Understand Tort Coverage
The Commonwealth of Pennsylvania offers two types of auto policies: Full tort and limited tort coverage. While a limited tort policy prevents the policyholder from recovering for pain and suffering, a full tort policy does not. However, certain situations under Pennsylvania law will allow a person with a limited tort policy to recover as if they had full tort coverage. In a truck accident, this will apply when a person sustains a “serious injury.”
Under 75 Pa.C.S.A. § 1702, a serious injury is defined as “a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.” It is often up to a jury to decide if the injury is serious, relying heavily on medical testimony.
The declaration page of your auto policy will stipulate whether you have a full tort policy or a limited tort policy. Most insurance companies require that you report the accident right away, giving you a certain amount of time to submit your claim. To avoid delays, it is important that you follow the terms of your policy.
Talk to a Harrisburg Truck Accident Lawyer About Your Rights
Understanding your rights following a truck accident is crucial to successful recovery. At Shollenberger Januzzi & Wolfe, our truck accident lawyers are dedicated to helping individuals recoup maximum damages. Our legal team will handle your claim from start to finish, ensuring that you are informed every step of the way. To arrange your complimentary consultation, contact our office online or call (717) 229-6580.