In 2018, almost half a million police-reported crashes in the US involved large trucks. Of these accidents, more than one in five (approximately 107,000) resulted in injuries. What's more, there were a total of 5,096 large trucks and buses involved in fatal incidents.
On that note, a truck accident is more likely to result in fatalities than a passenger vehicle crash. Indeed, over eight in 10 of all deadly crashes that involved big rigs in 2018 weren't truck occupants. The majority, at 67%, were occupants of smaller vehicles.
With that said, it's vital that you learn what to do following an accident with a big rig. To that end, we've curated this guide to educate truck accident victims. Read on to know what steps to take if you get involved in an accident with a large truck in California.
Stop and switch your hazard lights on
Under California law, any motorist involved in an accident must stop at the scene. Otherwise, the driver who "flees" is likely to get slapped with a hit-and-run case. Such incidents are prevalent, with a nationwide prevalence rate of one per 43 seconds in 2016.
When you do stop, see if you can maneuver your vehicle away from traffic and to the side of the road. If your vehicle is no longer movable, check if you can still engage its hazard lights. This can help alert other drivers from near and afar.
Get in touch with 911 or emergency medical services
Were you aware that adrenaline can trigger a superhuman-like strength in people? This can occur when the body gets exposed to extreme stress or fear, such as during a truck accident. The thing is, this "power" can also give a person a false perception of well-being.
If this happens to you after getting into a crash with a big rig, you may think you don't have injuries. What's more, this fake sense of being alright can last for up to an hour following the adrenaline rush.
Don’t give in to this feeling. With their size, weight, and height, a collision with a large truck is more likely to cause severe injuries. For starters, the average big rig weighs about 20 to 30 times more than passenger vehicles.
As such, anyone who gets into a crash with such massive vehicles shouldn't hesitate to dial 911. The California Highway Patrol is another emergency roadside service that you can call. This is even more crucial if anyone involved in the crash is bleeding, has fainted, or isn't responding.
Call CHP or the local police department
If you've called 911, the next entity to call is either the CHP or your local police department. In the Golden State, you must report an accident to the DMV if the incident led to over $1,000 worth of property damage. The same applies to bodily injuries that require treatment of the same dollar amount.
Even if you're unsure how much the damage is, it's still best to contact law enforcement. Keep in mind that in California, large trucks can weigh anywhere from 20,000 to 80,000 pounds. That kind of weight is sure to cause significant damage during a collision.
Besides, having a trained officer of the law to come to the crash site can help with the investigation. They will protect the scene and reduce the confusion caused by such traumatic events.
Limit conversation with the other involved parties
As you wait for law enforcers, ask to see the truck driver's license and insurance card. Seeing the actual documents can help ensure that they do have a valid license and coverage. Note that many CDL drivers drive with a suspended license, and those who do are 14% more likely to get into a crash.
Once you have the actual documents, copy the driver's full name, address, and contact info. Write down the name of the truck insurance company and the driver's policy number. List the truck's license plate number itself as well as the big rig's state of registration.
Other than these pieces of information, there's nothing else you should talk about.
Start gathering evidence
If you haven't sustained injuries, use your phone to record videos and take photos of the scene. Take panoramic, bird's eye views, and multi-angle shots of the site. Get as many close-up photos of the point of impact as well as landscape images.
You should also record videos detailing whatever you can remember about the crash. This is especially important if you recall something about the truck driver's behavior. Record as much as you can, including minor details.
See if any witness is willing to provide their statements, too. They may be fellow motorists, cyclists, or pedestrians. Shop owners may also have seen something that can help your case.
Contact your insurer
If you can, call your insurance company while you're still at the scene of the accident. Your insurer may request additional information from the police. Let them know that you have acquired evidence and that you're ready to give them what they need for the claim.
Go straight to a doctor
As mentioned above, large trucks can cause more massive injuries than passenger vehicles. However, many of these can be internal, which means that they don’t have visible or evident signs. Many other truck accident injuries also have delayed symptoms.
A perfect example is a traumatic brain injury, which accounts for almost a third of all injury deaths in the US.
For this reason, you should see a doctor as soon as police officers allow you to leave the scene. You may have to undergo lab tests to ensure you don't have significant yet hidden injuries.
Speak to a truck accident lawyer
You should also speak to a personal injury attorney specializing in truck accidents. This is especially crucial if you've found out that the truck driver had a suspended license. You should also do the same if the other driver (or their insurer) doesn't want to cooperate.
Also, note that things can get even more complex if you got into a crash with a truck carrying medical supplies. That's because the government has recently suspended the hours-of-service laws for these drivers. It won't be a surprise if the trucker's insurer uses this to counter your claims against the driver.
A truck accident lawyer will help you navigate the complexities of a truck accident. They will make sure that you receive a fair settlement, and if feasible, take your case to court.
Protect your rights as a truck accident victim
Always keep in mind that driving for over eight hours increases crash risks by at least 1.8 times. This is in comparison with a motorist who only operates a vehicle for no more than two hours. That's why truckers, who can drive for 11 hours straight (or longer), can be significant road hazards.
So, if you've been in a truck accident, you should do everything detailed in this guide. Also, don't hesitate to get in touch with our team of truck accident experts here at Kerley Schaffer LLP. We can provide the legal guidance you need following such traumatic incidents.