Large trucks, given their size and weight, can cause severe injuries, long-term disabilities, or even fatalities when accidents occur. Knowing what to do after a truck accident is critical – not just for protecting your health but also for securing your legal rights.
Whether you were injured in the collision or lost a loved one, the steps you take immediately after and in the days following the accident can make all the difference in your recovery and your claim for compensation.
With the guidance of an Orlando truck accident lawyer, victims can pursue justice against negligent parties or insurers attempting to minimize payouts.
Let’s get into the steps to take after a truck accident, common pitfalls to avoid, the legal options available in Orlando, and how our attorney at The Morgan Law Group can help protect your rights.
Steps to Take After an Orlando Truck Accident
When a truck accident occurs, the moments and hours following can be chaotic. However, staying focused and methodical will help you safeguard your health and strengthen your potential injury claim.
While still at the scene:
1. Call 911
Florida law requires crashes involving injuries, deaths, or significant property damage to be reported to law enforcement. Move to a secure location if possible without worsening injuries. Call 911 immediately so the Orlando police and medical responders can arrive.
2. Seek Medical Attention
Even if you believe your injuries are minor, do not decline medical help. Some injuries (such as concussions, brain injury, or internal bleeding) may not present immediate symptoms but can worsen quickly. Getting prompt medical care also establishes a record that links your injuries directly to the crash.
3. Document the Scene
If you are physically able, gather as much evidence as possible:
- Take photos and videos of the vehicles, roadway conditions, skid marks, traffic signs, and weather.
- Capture damage from multiple angles.
- Note any visible injuries.
This documentation can become crucial evidence when determining liability.
4. Gather Information
Exchange information with the truck driver, but keep communication brief and factual.
Collect:
- Driver’s license and insurance details
- Trucking company information
- DOT or vehicle identification numbers
- Witness contact information
Avoid discussing fault at the scene. Statements made under stress could later be used against you.
5. Cooperate With Law Enforcement
Provide your account of what happened, but stick to the facts. The official crash report will play an important role in your insurance claim and potential lawsuit.
After leaving the place where the truck accident happened:
6. Continue Medical Treatment
Follow through with all prescribed treatments, whether that involves hospital care, follow-up appointments, or physical therapy. Insurance companies often scrutinize gaps in medical care to argue that injuries are not as serious as claimed.
7. Notify Your Insurance Company
Florida’s no-fault insurance system requires you to notify your own insurer promptly. However, when serious injuries or fatalities occur, claims often exceed no-fault coverage limits, opening the door to lawsuits against negligent parties.
Be cautious with your words when reporting the accident; avoid admitting fault or speculating on causes.
8. Consult a Truck Accident Attorney
Trucking cases are far more complicated than standard car accidents. They often involve multiple liable parties such as the truck driver, trucking company, cargo loaders, or manufacturers. A seasoned truck accident attorney in Orlando, FL, can immediately begin investigating the crash, preserving black box data, securing driver logs, and protecting your rights against insurers.
Taking the right actions after a truck accident in Orlando can protect your health, strengthen your claim, and preserve crucial evidence – especially when proving who’s at fault in the truck crash.
Common Mistakes Victims Make After a Truck Accident
Despite best intentions, many truck crash victims unintentionally harm their claims by:
- Failing to Seek Immediate Medical Care: This leaves gaps in documentation and makes it easier for insurers to argue the injuries were unrelated.
- Posting on Social Media: Photos or comments online can be misinterpreted and used to downplay the severity of injuries.
- Accepting Early Settlement Offers: Trucking companies and insurers often make lowball offers quickly to limit liability. Signing away rights too soon can mean missing out on full compensation.
- Delaying Legal Help: Evidence in trucking accident cases (such as electronic logging data or maintenance records) can be lost if not requested promptly. Waiting too long gives the other side an advantage.
Avoiding these pitfalls strengthens your position when pursuing compensation.
Legal Options for Truck Accident Claims in Orlando
Victims of trucking collisions have several potential legal avenues: insurance claims and personal injury lawsuits.
Florida’s a no-fault insurance state. Initially, victims turn to their Personal Injury Protection (PIP) coverage.
Commercial trucks are typically covered by policies with much higher limits than personal vehicles. Federal law requires interstate trucking companies to carry minimum coverage ranging from $750,000 to several million dollars, depending on the type of cargo.
However, truck accident injuries often exceed the $10,000 PIP minimum. At that point, victims may pursue additional claims against the truck driver or trucking company’s liability insurance.
When insurance isn’t enough, or when liability is disputed, victims may file a personal injury lawsuit.
Potential claims can include:
- Negligence against the truck driver for reckless driving, fatigue, or impairment.
- Employer liability if the trucking company failed to properly hire, train, or supervise the driver.
- Product liability if a defective truck part caused the crash.
If a victim passes away, surviving family members may bring a wrongful death lawsuit under Florida law to recover damages for lost companionship, financial support, funeral costs, etc.
Deadline to File a Truck Accident Claim
Understanding Florida’s statute of limitations is crucial when determining what to do after a truck accident.
- Most insurers require notice within days of the crash. Failing to act quickly could lead to denial.
- Florida generally gives victims 2 years from the date of the accident to file a personal injury lawsuit.
- For truck accident claims involving wrongful death, the 2-year deadline also applies, starting from the date of death.
Missing these deadlines almost always means losing the right to compensation. This is why consulting an Orlando truck accident attorney early is so important.
Compensation to Claim After a Truck Accident
Victims of trucking accidents often face extensive losses.
Depending on the circumstances, truck accident compensation may cover:
- Medical Expenses: Hospital bills, surgeries, medications, rehabilitation, and long-term care
- Lost Wages: Both past lost income and diminished future earning capacity
- Pain and Suffering: Compensation for physical pain, emotional trauma, and loss of enjoyment of life
- Property Damage: Vehicle repairs or replacement
- Wrongful Death Damages: Funeral expenses, loss of consortium, and financial support for dependents
Because trucking companies have deep pockets and aggressive defense strategies, victims benefit from strong representation to pursue the maximum compensation available.
Get an Orlando Truck Accident Lawyer After a Crash
Understanding the steps to take after a truck accident is just the beginning. Having a dedicated attorney by your side can be the deciding factor in whether you receive fair compensation.
A truck accident attorney can:
- Conduct independent investigations into the cause of the crash
- Preserve and analyze black box data, driver logs, and maintenance records
- Work with accident reconstruction experts
- Negotiate with powerful insurance companies
- Take your case to trial if necessary
If you or a loved one has been affected by a trucking crash, turn to trusted advocates in Central Florida who can guide you through each step after the accident – The Morgan Law Group. Call our office in Orlando today at (407) 972-0199 or contact us using our online form for a free consultation.