What To Do After A Truck Accident
If you or a loved one was involved in a truck accident recently, you need to take action right away to protect your right to recovery and compensation. A crash can drastically change your life immediately afterward and in the future, so it is important to know what to do after a truck accident so you can mitigate the damage and maximize your compensation.
After A Pennsylvania Truck Accident, Follow These Steps
Being involved in a truck accident is distressing, but how you act in the immediate and short-term aftermath of the crash could have a major impact on your health and your legal options. Here are the steps you should consider:
Get medical help immediately: Your health comes first. Even if you don’t think your injuries are very serious, it’s important to see a doctor right away. Internal injuries or conditions such as whiplash often don’t show immediate symptoms or pain, but they can become quite serious. Moreover, pain is often masked by adrenaline, so how you feel in the moment may not be an accurate reflection of your health.
At the very least, visiting a health care provider can either confirm that you are unharmed or allow you to receive timely care. It also provides documentation of any accident-related injuries, which may be crucial for a future truck accident claim.
Gather eyewitness information or have someone do it for you: If possible, collect contact information from any witnesses at the scene. This includes their names and phone numbers, along with a brief description of what they saw. Eyewitness accounts can significantly support your account of the incident and can be vital in legal processes or insurance claims. If you are too injured to gather this information yourself, ask someone else at the scene for help.
Contact the police: Calling the police to the accident scene is essential. They will document the situation, evaluate the circumstances and prepare an official report. Law enforcement involvement is fundamental to establishing an official record. Most insurance companies will demand to see an official accident report and might deny the claim without one. As an added bonus, having a police presence at the scene helps ensure safety and order in the immediate aftermath.
Secure a copy of the police report: After the police have completed their report, make sure to obtain a copy for your records. This document is a key piece of evidence if you need to pursue a claim for damages or injuries. It usually contains important details such as the officer’s assessment of the accident, any traffic law violations and information about the drivers and vehicles involved.
Take pictures at the scene if possible: If you or someone in the vehicle is able to take a few photos with a cellphone, this can provide critical information when recounting both the cause of and the damage suffered in a truck accident.
Speak with a lawyer: Contacting a lawyer is especially important after a truck accident. Due to the complexity of the trucking industry, you have to take specific, immediate steps to establish liability that differs from a typical car accident claim.
What Are Recoverable Damages in a Pittsburgh, PA Commercial Truck Accident?
Commercial truck accidents in Pittsburgh often result in catastrophic injuries due to the massive size and weight of tractor-trailers. When a collision occurs on busy corridors like I-376 or the Liberty Bridge, victims often face overwhelming financial and personal losses. Under Pennsylvania law, recoverable damages refers to the compensation you can seek to cover these losses.
Economic Damages: Covering Your Financial Losses
Economic damages are the most straightforward to calculate because they represent tangible financial hits. These are the bills and receipts you accumulate following an accident.
Medical Expenses: This includes everything from the initial ambulance ride and emergency room visit to surgeries, hospital stays, and prescription medications. It also covers future costs, such as long-term physical therapy or home health care.
Lost Wages: If your injuries prevent you from returning to work, you can recover the income you lost during your recovery.
Loss of Earning Capacity: If a permanent disability means you can no longer perform your previous job or work at all, you may be entitled to compensation for the money you would have earned throughout your lifetime.
Property Damage: This covers the repair or replacement of your vehicle and any personal items damaged in the crash.
Non-Economic Damages: Addressing Quality of Life
Not all losses come with a price tag. Non-economic damages compensate you for the human cost of the accident. Because these are subjective, they often make up a significant portion of a settlement.
Pain and Suffering: This accounts for the physical pain and discomfort caused by your injuries.
Emotional Distress: Many victims suffer from anxiety, depression, or Post-Traumatic Stress Disorder (PTSD) after a violent collision.
Loss of Enjoyment of Life: If you can no longer participate in hobbies, sports, or activities you once loved, you can seek damages for this loss.
Disfigurement: Compensation is available for permanent scarring or the loss of a limb.
Punitive Damages: Punishing Reckless Behavior
In rare cases where the truck driver or the trucking company acted with extreme recklessness or intentional malice, a court might award punitive damages. These are not meant to compensate the victim but rather to punish the wrongdoer and deter others from similar behavior, such as a company forcing a driver to violate federal hours-of-service regulations.
Pennsylvania’s Modified Comparative Negligence Rule
It is important to understand that Pennsylvania follows a modified comparative negligence rule. This means you can still recover damages even if you were partially at fault, as long as your responsibility is not more than 50 percent. However, your total award will be reduced by your percentage of fault. For example, if your damages are valued at 100,000 dollars but you are found to be 20 percent at fault, you would receive 80,000 dollars.
Speak With John A. Caputo In Pittsburgh Today
Do not hesitate to contact John A. Caputo & Associates, P.C., for help immediately following a truck accident. We can even handle your needs with your insurance company. Call us for a free initial consultation with an attorney who can explain your rights. Dial 412-593-5973 or send an email.