You were involved in a wreck with a tractor-trailer on I-40 and you believe you were partially responsible for causing it. What happens now? Will you still be entitled to file a claim and recover compensation for your damages or will your contribution to the crash prohibit you from doing so?
These are only some of the questions that are most often asked following the occurrence of a tractor-trailer accident which is why we are taking the time to address these for you below.
What should I do after engaging in an accident with a tractor-trailer?
Just as you would in any other type of collision, you are going to want to do the following:
- Never admit fault. Although you suspect that your actions or errors played a role in causing the crash, you are never going to want to admit this at the scene or until you have spoken with a TN tractor-trailer wreck attorney.
- Take the necessary precautions to ensure you don’t put yourself in harm’s way, again. You are going to want to pull your vehicle off to the side of the road if possible and as far away from traffic. This can reduce the chances of having another vehicle collide into yours.
- Assess your injuries, if any were sustained. Check to see if you or anyone else suffered an injury. If you did or feel discomfort or pain, call 911 immediately. If you are able to, take photos of the injuries you suffered as these will be useful later on when it comes time to file your claim.
- Assess all property damage. If you’re physically able to get out of your vehicle, you are going to want to assess the damage that was done to all the vehicles that were involved and take photos of it as well.
- Remain at the scene until law enforcement has arrived. If you called 911 already, be sure to wait until an officer arrives. In the event the police have not been called, you will want to contact your local authorities so that an officer can be dispatched to the scene.
- Collect as much information as possible. This can sometimes be difficult to do given the nature of most tractor-trailer accidents, but if you are able to, be sure to collect as much information as you can including, but not limited to, the names of those involved, phone numbers, license plate information, the company in which the truck driver is employed with, the company telephone number, witness statements, etc.
- Remember to take photos. As mentioned before, you are going to want to capture photos of your injuries and/or property damage, but you will also want to take pictures of the entire accident scene as the adjuster handling the claim and/or your car wreck attorney might need them later on down the road.
- Seek medical attention. Whether you feel minor pain or discomfort or have a visible injury, it is essential that you seek immediate medical attention so that a physician can assess your condition and determine what injuries you suffered as well as the extent of them.
[Source: Insurance Information Institute (III)].
Am I still entitled to file a claim for my injuries even if I think I was partially at-fault?
Although your behavior/actions may have contributed to the crash, it doesn’t mean you can’t file a claim in an effort to recover compensation. The fact is, the trucker may have also played a role in causing the accident along with roadway conditions and the weather. In the event the trucker was engaging in a prohibited behavior such as texting while driving or following too closely, or he or she was in violation of an Federal Motor Carrier Safety Administration’s (FMCSA) regulation, their employer may be responsible for compensating you. Commercial trucking companies are required to carry insurance in the State of Tennessee so you may be entitled to a significant amount depending on the degree of your injuries.
To find out how much your injuries entitle you to collect and which parties you can hold accountbale for your damages despite your role in causing the collision, contact Nashville, TN tractor-trailer accident attorney George R. Fusner Jr. today. Attorney George R. Fusner Jr. has acquired the skill and training needed to help you recover the compensation you need and deserve so contact our office today to find out how we can help and support you through this difficult time in your life.