What to Do After You’re Injured in a Jackknife Truck Accident
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What to Do After You’re Injured in a Jackknife Truck Accident
The first step to take after you’re injured in a jackknife truck accident is to seek immediate medical attention. Next, ensure you document the scene, take witness contact details, file a report with the police, and notify your insurance provider immediately. If the injuries sustained are serious, you may consider involving an attorney to negotiate fair compensation for all damages. More about our truck accident lawyers here.
A jackknife accident happens when a large truck, like an 18-wheeler, folds inward so the trailer and cab form a sharp “V” shape. The trailer may swing out at an angle while the cab remains straight or veers in a different direction. This movement often forces the driver to lose control. Jackknife accidents may lead to multi-car collisions, total road blockages, and serious injuries that need large settlements. With truck accidents involving multiple insurance policies, settlement negotiations are often aggressive, with each provider trying hard to prove they’re not responsible.
Below are the steps to take after getting injured in a jackknife truck accident.
1. Get Immediate Medical Attention
Victims should always get prompt medical attention after a crash to stabilize their condition and prevent life-altering conditions if possible. Prompt medical care may also strengthen your legal position if you go to trial. Medical records connect your injuries to the accident, which form the groundwork for a compensation claim. Without these records, pursuing the compensation you deserve might be harder, especially when insurance providers pressure you into lawball offers.
Even when the injuries are not obvious or don’t look bad, victims should get a detailed medical evaluation. During the evaluation, victims should mention even the slightest discomfort. Some injuries might be hidden at first, only to show symptoms after you’ve settled. A medical exam might detect internal bleeding, spinal injuries, or traumatic brain injuries.
Common injuries after a jackknife accident include:
- Broken Bones: Sudden force might fracture arms, legs, or ribs.
- Spinal Injuries: Hard jolts to the spine may cause herniated discs or paralysis.
- Traumatic Brain Injuries: Head impacts or violent shaking might lead to concussions or long-term brain damage.
- Internal Injuries: Internal bleeding or organ trauma may not be visible right away.
- Soft Tissue Injuries: Whiplash, sprains, and strains often happen during harsh collisions.
- Lacerations and Contusions: Shattering glass and flying debris might cause cuts and bruises.
After treatment, maintain all invoices for hospital visits, tests, prescriptions, therapy, and other costs associated with your injuries. These records demonstrate the financial toll of the accident.
Additionally, keep track of any wages lost due to your injuries. These might be included in future compensation requests.
Most importantly, stick with your prescribed treatment plan and attend follow-up appointments to ascertain your long-term health. Medical progress notes might bolster your claim by showing your injuries’ severity and ongoing effects.
2. Contact Local Authorities and File an Accident Report
Call the police from the crash scene to get an official record of the events during the crash. The accident report has a unique six-digit identifying number that you should record for future reference.
An accident report often lists the accident’s date, time, and location. It also details information about the driver, vehicle, and insurance. Injuries, property damage, and eyewitness statements might be included. Weather and road conditions may appear in the record as well.
This documentation may support your version of events and help your lawyer or insurance carrier grasp the basics of what happened. However, you cannot rely on it fully because it is inadmissible in court. Nonetheless, the information in the report is useful. For example, a witness who told the officer you were at fault can still testify at trial if they saw the accident happen.
If the police did not arrive at the scene of the crash, you might file a report afterward at the nearest station.
3. Take Photographs of the Accident Scene
Photographs are undisputable pieces of evidence. If you can, take photos (or have someone else do it) before anything is moved.
Before you start, enable the camera’s date and time feature. That way, no one can argue about when the photos were taken. The images might also help an accident reconstruction expert figure out how the jackknife accident happened.
Below are some best practices for photographing a jackknife truck accident scene:
- Show Scale: Place a coin, key, or dollar bill next to smaller details like skid marks or broken glass. It reveals how large (or small) they are.
- Photograph Every Vehicle: Don’t focus only on the truck. Get pictures of all the cars involved. Document damage to each vehicle from multiple angles.
- Capture Contributing Factors: Include road conditions, bad weather, malfunctioning traffic signals, or hazards like potholes. These elements might show what triggered the crash.
- Don’t Forget the Interior: Photograph your car’s inside. Deployed airbags, shattered windows, debris, and personal item damage may support your injury or property claims.
- Document Injuries: Take pictures of any cuts, bruises, or visible trauma. Revisit and retake photos if your injuries change over time.
- Vary Your Shots: Snap close-ups of damage and wide-angle shots of the entire accident scene. Clean your phone’s camera lens, and take videos if possible for extra clarity.
The goal is to collect thorough proof of who caused the accident and how much damage occurred. For further evidence like black box data, you may need an attorney to facilitate collection from the trucking company or the owner.
4. Exchange Contact and Insurance Information with Other Drivers
Share relevant details with other drivers. When speaking with them, refrain from admitting fault, apologizing, or making any statement about fault.
Give your legal name, phone number, license number, insurance provider, and policy details. Collect the same details from them. Having accurate information might speed up the claims process. Additionally, ask about any passengers and note their names and contact details.
For commercial trucks, exchange information about the trucking company’s name, address, phone number, license plate number, and DOT number (located on the driver’s door).
If someone refuses to share information or becomes confrontational, wait for law enforcement. The police can help gather these details and maintain safety at the scene.
All this information will be useful when you start claiming compensation, not at the accident scene. You may share it with your attorney to pursue justice.
5. Collect Witness Details
Obtain testimonies, names, phone numbers, and addresses of bystanders who saw the crash. If possible, ask them to write and sign a short account of what they saw. This can prevent confusion or conflicting stories later if memories fade.
Because liability in truck crashes can be complex, statements from bystanders may confirm what happened before, during, and after the collision. Eyewitness statements might clarify how the trailer swung or whether the truck driver tried to brake or swerve.
Other types of witnesses that may be involved in jackknife truck accidents are law enforcement officers who arrived at the scene and accident reconstruction experts. These may come into play if the claim goes to trial.
If you needed urgent care and couldn’t speak to anyone at the scene, return later to ask local businesses or neighbors whether they saw anything. They might have cameras that captured the incident. You can also check the police report to find any listed witnesses or contact them via social media posts seeking information.
However, if you choose to use social media, refrain from discussing the details of the crash. Casual remarks might be used against you by insurers or opposing lawyers. Only speak about liability details with your attorney.
6. Communicate Promptly with Your Insurance Provider
Contact your insurance company as soon as possible after the crash. Delaying might give them a reason to reject your claim or reduce what they pay. Provide a clear account of the accident, sticking only to facts you know for sure, and avoid admitting liability. If you expect long-term medical treatment, speak to your health insurance provider. Your vehicle coverage may not cover all of your ongoing medical expenses.
Be sure to maintain a paper trail. Email a summary of each call or in-person discussion to confirm any promises your insurer makes. A thorough paper trail may prove critical if your insurer challenges any part of your claim later.
Common Tactics Insurance Companies Use
Insurance providers sometimes employ delaying tactics in hopes that you’ll settle for less due to stress or financial pressure. The first settlement offer may also be intentionally low in the hope that you’ll accept it before understanding the full extent of your injuries.
To counter these methods, you’ll need to document everything from your medical visits to repair bills. Consistent follow-up with your insurer is also key. If they deny a part of your claim or propose a low settlement, respond by providing records and insisting on a fair resolution. Speaking with a lawyer is often wise. An attorney can handle negotiations, answer your questions, and safeguard your rights if the insurance company challenges your claim.
Dealing with the Other Party’s Insurance
If the at-fault party’s insurer contacts you, understand that you are not required to give a statement without consulting legal counsel. If you must speak with the other party’s insurance company, stick to the facts and be brief. Do not admit fault or go into detail about your injuries or damages.
In many cases, it’s best to have your lawyer speak on your behalf. This step can help you avoid saying anything that might be used against you and strengthen your position in any settlement discussions.
7. Consult a Personal Injury Attorney
A lawyer might advise you on collecting evidence such as black box data, driver logs, and maintenance records. They might also consult trucking industry experts to see if federal regulations were broken. This support may be essential if the trucking company tries to shift blame or minimize payouts. An accident attorney will help you negotiate a fair settlement and push all at-fault parties to pay up. If a settlement fails, the attorney will guide you through the next legal steps.
Liability and At-Fault Parties
More than one party may bear blame in a truck accident. This might include the driver, the trucking company, the truck manufacturer, or the maintenance provider. If the trucker exceeded hours-of-service rules, or if poor road conditions were ignored, liability might shift.
Accident reconstruction experts may review skid marks, black box data, driver logs, and other evidence to determine who was at fault.
Settlements and Recoverable Damages
In jackknife cases, you may pursue compensation for economic and non-economic losses.
- Economic Damages: Medical bills, hospital stays, lost wages, and reduced ability to earn income.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
Some cases reach a multi-million-dollar payout if injuries are catastrophic or involve wrongful death. Each settlement depends on your specific losses, the accident’s cause, and the extent of negligence involved.
Once you accept a settlement or win a verdict, your attorney might handle any remaining liens and coordinate the fund distribution. They may stay available for future questions about your settlement or case. Protecting your finances and your health remains a priority.
Act Quickly and Decisively
Act quickly to gather evidence and secure statements. Witness memories might fade, and physical proof might vanish. Trucking companies often discard maintenance logs, driver files, or logbooks after six months. A truck’s “black box” may also erase data after a certain number of miles. These records can reveal driver fatigue, improper maintenance, or other factors that led to the accident, so delaying could mean losing vital proof needed to prove liability.
Additionally, the statute of limitations sets a deadline for filing a personal injury claim. It’s different in each state. In Washington, D.C., you generally have three years from the crash date to file your claim. Missing this window may mean losing your right to compensation.
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