In the quiet moments that follow a traumatic event, the world can feel muffled and distant. You might be replaying the incident in your mind, or you may be trying your hardest to block it out entirely. You may be dealing with extensive medical treatment, mounting medical bills, and financial concerns, especially if you are unable to work due to your injuries. The future can suddenly feel uncertain.
Whether your accident happened hours ago or weeks have passed, knowing what to do after a truck accident can help your health and your future.
Prioritize Your Health
Before paperwork, insurance calls, or legal questions, your physical and emotional recovery must come first. The forces involved in a collision with a large commercial truck are immense, and the resulting injuries can be far more complex than they initially appear.
Continue to Seek and Document All Medical Care
Perhaps you were taken to the emergency room from the scene, or maybe you went to an urgent care clinic the next day. This initial visit is critical, but it is only the beginning. Many serious injuries, like concussions, soft-tissue damage (whiplash), or internal injuries, may not present with dramatic symptoms right away. Adrenaline can mask pain for hours or even days.
It is absolutely crucial that you attend all follow-up appointments with your primary care physician and any specialists they recommend, such as an orthopedist, a neurologist, or a physical therapist.
- Why this is important for your health: Consistent medical care ensures that any latent injuries are diagnosed and treated properly, preventing them from becoming chronic or life-altering conditions.
- Why this is important for your case: A complete and uninterrupted medical record creates a clear, documented timeline of your injuries, their severity, and the treatment required. It directly links the physical harm you’ve suffered to the accident itself, which is a cornerstone of any personal injury claim.
Follow Your Doctor’s Orders Meticulously
Your medical team will create a treatment plan tailored to your specific injuries. This might include prescription medications, physical therapy sessions, rest, or temporary restrictions on your daily activities, like lifting or driving. It can be frustrating to feel limited, especially when you have work, family, and life to get back to. However, adhering to this plan is non-negotiable.
If you fail to follow your doctor’s advice, if you miss physical therapy appointments, stop taking medication, or push yourself beyond your prescribed limits, an insurance company can and will use this against you. They will argue that your injuries aren’t as severe as you claim or that you are not committed to your own recovery. Protecting your health by following your treatment plan also happens to be one of the best ways to protect the strength of your legal claim.
Protecting Your Rights After the Fact
Ideally, a thorough investigation begins the moment an accident happens. Pictures are taken, witness information is gathered, and every detail is preserved. But in the terrifying and disorienting reality of a truck crash, this is often the last thing on an injured person’s mind. Your focus was likely on getting to safety and dealing with your injuries.
If you were unable to gather much information at the scene, do not despair. It is not too late. There are still crucial steps you can and should take right now to build and strengthen your case.
1. Obtain the Official Accident Report
The police officers or state troopers who responded to your accident will have created an official report. This document is a critical piece of the puzzle. It typically contains the names and contact information of all parties involved (including the truck driver and their employer), insurance details, a list of any witnesses, a diagram of the scene, and the officer’s initial assessment of how the crash occurred. You can usually obtain a copy from the law enforcement agency that responded, whether it was the local police department or the Montana Highway Patrol.
2. Write Down Everything You Remember
Memories fade and can become confused over time. As soon as you are able, sit down and write or type out every detail you can recall about the accident. Don’t worry about making it perfect; just get the information down.
Think about:
- What were you doing right before the crash?
- What did you see the truck do? Was it swerving, speeding, or changing lanes abruptly?
- What were the weather and road conditions like?
- Do you remember hearing anything, like the screech of tires or the lack of a horn?
- Did the truck driver say anything to you or to the police after the accident? Any comments like “I’m so sorry, I was tired” or “I didn’t see you” can be very significant.
3. Preserve All Existing Evidence
Even though time has passed, there is still evidence you can and should preserve.
- Your Vehicle: Do not have your vehicle repaired or scrapped until it can be professionally inspected. The damage to your car—the location of the impact, the severity of the crush—tells a story about the physics of the crash. Take clear photos of it from every angle if you haven't already.
- Your Injuries: Continue to take photographs of your injuries as they heal. Bruises, cuts, and swelling will change over time, and these photos create a visual record that can be much more impactful than words alone.
- All Paperwork: Create a dedicated folder for everything related to the accident. This includes medical bills, explanation of benefits (EOB) forms from your health insurance, receipts for prescriptions, and any estimates for vehicle repairs.
The Insurance Maze: Proceed with Caution
Within a day or two of the accident, you will almost certainly receive a call from an insurance adjuster representing the trucking company. It is vital that you understand their role. The adjuster may sound friendly, sympathetic, and helpful. However, their primary job is not to help you; it is to protect their company’s financial interests by minimizing or denying your claim.
Be Wary of Giving a Recorded Statement
The adjuster will likely ask you to provide a recorded statement about the accident. You are not legally obligated to do this, and it is strongly recommended that you decline until you have spoken with an attorney. Adjusters are highly trained in asking questions designed to elicit answers that can be used against you. They might ask “How are you feeling?” A polite “I’m okay” can be twisted to mean you weren’t seriously injured. They may ask you to speculate on details you aren’t sure about, and any inconsistencies can be used to question your credibility later.
When they call, you can politely but firmly say: “I am not prepared to give a statement at this time. I am still processing what happened and focusing on my medical treatment.”
Do Not Accept a Quick Settlement Offer
It is a common tactic for trucking company insurers to extend a quick settlement offer, sometimes within days of the crash. They might offer a check for a few thousand dollars to cover your immediate medical bills and car repairs. This may seem like a welcome relief when you are out of work and bills are piling up.
However, this first offer is almost always a lowball offer. It is a calculated attempt to make your claim go away before you understand the full extent of your damages. Accepting it means you will be required to sign a release, forever giving up your right to seek further compensation for this accident. This offer will not account for:
- Future medical treatment, surgeries, or physical therapy
- Lost future earning capacity if you cannot return to your job
- The full scope of your pain and suffering
- The long-term emotional and psychological trauma
Never sign any documents or accept any payment from the trucking company’s insurer without fully understanding what rights you are signing away.
Why Truck Accidents Are So Different
A crash with an 80,000-pound commercial truck is not just a bigger version of a car accident. These cases are fundamentally different and exponentially more complex for several key reasons.
Multiple Potentially Liable Parties
In a typical car wreck, you are usually dealing with one other driver. In a truck accident, a web of potential parties could be held responsible for your injuries. This can include:
- The Truck Driver: Was the driver fatigued, distracted, intoxicated, or speeding?
- The Trucking Company (Motor Carrier): Did the company pressure the driver to violate hours-of-service rules? Did they fail to conduct proper background checks, provide adequate training, or properly maintain their fleet?
- The Owner of the Truck or Trailer: Sometimes, the driver, tractor, and trailer are all owned by different entities.
- The Cargo Shipper or Loader: Was the cargo overloaded or improperly secured, causing the truck to become unstable?
- The Truck or Parts Manufacturer: Did a critical component like the brakes, tires, or steering system fail due to a manufacturing defect?
- A Third-Party Maintenance Company: Was the truck’s routine maintenance performed negligently?
A thorough investigation is required to identify every party that shares fault, as they may all have insurance policies that can contribute to a fair settlement.
Complex Federal and State Regulations
The trucking industry is heavily regulated by both the federal government, through the Federal Motor Carrier Safety Administration (FMCSA), and the state of Montana. These regulations govern everything from how many consecutive hours a driver can be on the road (hours-of-service), to mandatory rest breaks, to rigorous inspection and maintenance protocols.
Proving that a violation of one of these regulations contributed to your crash is a powerful way to establish negligence. This requires a deep understanding of the law and the ability to find evidence of non-compliance.
Crucial Evidence Can Disappear Quickly
Commercial trucks are equipped with sophisticated technology that can provide a wealth of information about what happened in the moments leading up to a crash. This includes:
- The "Black Box" (Event Data Recorder - EDR): Records data on speed, braking, steering, and other operational details.
- Electronic Logging Devices (ELDs): Tracks the driver's hours to ensure compliance with federal law.
- GPS and Fleet Management Systems: Shows the truck’s location, route, and speed.
- Driver-Facing and Forward-Facing Cameras: Many modern fleets now use cameras that can provide indisputable evidence.
This evidence is owned by the trucking company. They are not required to preserve it indefinitely. In fact, some data can be overwritten in as little as 30 days. It is critical that a formal “spoliation letter” or “preservation of evidence letter” is sent immediately, legally demanding that the company not destroy, alter, or dispose of this vital information.
Rimrock Law: Your Trusted Montana Truck Accident Lawyers
Handling a truck accident claim is a daunting task for anyone, let alone someone who is trying to heal from serious injuries. The trucking companies and their insurers have teams of attorneys and experts dedicated to protecting their interests.
You deserve to have a team of advocates on your side, leveling the playing field and fighting for you. While you focus on your recovery and your family, an experienced legal team can handle the fight for justice and compensation.
At Rimrock Law, we have seen firsthand the devastation that a serious truck accident can inflict on Montana families. We understand the unique laws that govern our state’s roadways and the complex federal regulations that apply to the trucking industry. Our Billings personal injury lawyers bring decades of combined experience to every case, committed to righting the wrongs done to innocent victims.
If you or a loved one has been injured in a truck accident in Montana, please contact us at (406) 606-1650 or through our online form. We can discuss your rights and your options during a free, no-obligation consultation.