Overstuffing a box or a suitcase is one thing. When a truck is overloaded, it can be dangerous. Overloaded trucks can tip over. Even worse, the extra load can fall off the truck. Braking can be a problem, tires can blow out. You get the general idea, overloaded trucks are dangerous and can cause catastrophic accidents.
Unfortunately, even the potential dangers are stopping the practice. Our nation’s highways are seeing an 18% increase in fatal truck crashes. Even though overloaded truck accidents are increasing, it doesn’t mean an accident is in your cards. However, it can mean it’s a good idea to know what to do if you’re involved in a collision with a heavily loaded down semi-truck.
Always Notify the Authorities
Most states do a pretty good job of letting drivers know if an accident must be reported or if it’s okay to drive away.
Pretty much every state requires immediate reporting when a vehicle accident results in injuries or fatalities. Yep, this means waiting around for the authorities to arrive. However, this shouldn’t be a problem since the majority of overloaded truck accidents cause significant vehicle damage and serious injuries.
Even if you miraculously escape injuries, chances are your vehicle’s too damaged to go anywhere. Besides, some states like Arizona follow comparative negligence guidelines and this can negatively affect your potential accident settlement. With comparative negligence, more than one driver can be liable for the same accident. If you’re assessed blame, your compensation amount is going to be reduced by the same percentage as your assigned fault.
Getting the authorities immediately to the accident scene can help prevent you from being unfairly assigned fault.
Check for Injuries
Unfortunately, you’re probably going to suffer significant injuries in an accident involving an overloaded commercial truck. These vehicles are huge and heavy so just imagine the potential damage if you’re in an accident. Most semis weigh around 80,000 pounds before the load is even stacked on.
Before you even think about getting out of your vehicle, check for any injuries. This includes your passengers. If you’re able to get out and walk around, don’t just throw open your door. Check your surroundings before getting out of your vehicle. The last thing you want is to be hit by an oncoming motorist. Now, the authorities are dealing with two accident scenes and you probably sustained significant injuries.
Checking for any injuries also means you can let the emergency operator know if they need to send an ambulance or just the police.
Don’t Ignore Your Health
Every once in a while, truck accidents don’t result in severe injuries. This doesn’t mean you should skip a visit to your healthcare provider. You may have internal injuries and these aren’t always immediately obvious. For example, you may have internal bleeding and it can take a bit before you start noticing any health problems.
Don’t forget to save all of your bills and receipts relating to any medical treatment. This includes your checkup. These are considered economic damages and you should be able to recover compensation.
Start Collecting Your Evidence
Some things like getting footage from a traffic surveillance camera are a job for your accident attorney. Your attorney can file a subpoena. It’s also a good idea to let your attorney handle interviewing any witnesses.
So, does this mean there’s nothing left for you to take care of? Your job isn’t quite done yet, you’re going to need to gather your supporting documentation. This is going to include things like your official accident report.
Most reports are ready for pickup either in person or online in about ten business days. You’re also going to need your medical records, bills, and receipts. If you filled out a prescription, save the receipt. Property damage repair/replacement bills and receipts are also necessary. Are your injuries keeping you out of work? Guess what, you’re going to need your past pay stubs. This way you can list lost income on your commercial truck accident claim.
Calculate Your Damages
You can probably get started on this step but you’re also going to need some help. Figuring out the value of your economic damages is pretty easy, especially with a calculator.
Just add up your bills, receipts, and any repair/replacement estimates. Figuring out the value of your non-economic damages is a little tougher since they’re intangible. This is when your overloaded truck accident attorney can really help.
Don’t Go Through a Truck Accident Claim Alone
Even if you’re only taking on the truck driver with your accident claim, it’s rarely a great idea to go through the legal process on your own. Working with an experienced truck accident attorney can help simplify the process and ensure you can recover compensation.
