Steps to Take After a Delivery Truck or Van Accident
Today, consumers do not need to move an inch to shop; all they need is an internet connection and a connected device, and they can have whatever they want at their doorstep as long as they can afford it. However, this convenience is accompanied by the increased presence of delivery trucks and vans on the roads as well as higher odds of colliding with one. A few subtle differences exist in approaching an accident with a private car and a truck or delivery van. So the steps may also vary slightly.
This article will enumerate the key steps to take to ensure safety after being involved in an accident with a delivery truck or van.
Get Medical Help
Attorney Rustin Smith of Smith Hulsey Law Firm states that medical attention always comes first, irrespective of the type of accident or who is at fault. So, call 911 as soon as you can. A lot of the time, injuries in a high-impact accident may not manifest immediately due to the adrenalin rush or the nature of injuries. So, make sure you rule out any internal injuries by getting checked out at the accident scene. Besides ruling out potentially hidden injuries, it helps create a trail of medical treatment from the start. This will play a vital role later on if you need to pursue legal action, as you need medical records to prove the damages. Following through with your doctor’s recommended treatment regimen is also important because the opposing side can use gaps in your treatment to devalue your side.
Notify the Police
You may not need to make another phone call to have the police come to the accident scene; a 911 call is usually enough. On arrival at the scene, the police will document it and gather witness testimonies and the accounts of the parties involved in the accident. They later use this information to compile an accident report that is accessible for free at the police station or their website and makes a critical piece of evidence, but it is not enough on its own.
Evidence Gathering
One of the differences between delivery truck accidents and other cars is the nature of evidence needed to prove negligence. Moreover, you will start with readily available evidence from the scene. The best way of gathering crash scene evidence is by taking photos and video footage. While at it, collect witness testimonies, contacts, the at-fault driver’s contact, employer, and insurance information. The other type of evidence required when proving a truck or delivery truck evidence includes driver logs, truck maintenance records, and dashcam footage. This evidence requires special processes to access and may require the help of a lawyer.
Be Upfront With Preexisting Conditions
If you already had any existing injuries or were suffering from a medical condition before the accident, it is important to be upfront about it when filing a claim. Withholding such information can be interpreted as dishonesty when the other side digs up the truth. This can significantly harm your case and your chances of receiving fair compensation and justice. Let your lawyer know about any preexisting conditions you may have upfront and have them argue your case on the basis of the worsening of the condition(s).
Conclusion
Traditionally, liability for delivery truck accidents lies with the employer. However, companies have since started adopting different approaches to hiring, such as hiring drivers and truckers on a contractual basis, which absolves them of liability, leaving it with the contract drivers. At other times, it can be with loaders or other third parties. It is best to hire a lawyer to avoid getting caught up in these complexities. Remember that not every lawyer will be a good fit for your case. Make sure they have adequate experience handling similar cases in the past so that they have insight into the ins and outs of delivery trucks and van accidents.
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