Being involved in a wreck with an 18-wheeler can be a life-changing event. In 2023, 32.44% of all commercial motor vehicle (CMV) accidents in Louisiana took place on interstates, 30.99% occurred on state highways, and 18.04% happened on U.S. highways.
The size and weight of semi-trucks can cause catastrophic damage to your vehicle and your health. In addition to physical injuries, the aftermath of a trucking accident can bring emotional, financial, and legal challenges. Taking the right steps immediately after the accident is crucial to protecting your rights and securing the compensation you need following a personal injury.
At Crescent City Law Personal Injury, our truck accident lawyers’ focus lies in helping victims of trucking accidents get the compensation they deserve. Here’s what you should do after an 18-wheeler accident in New Orleans to protect your health and strengthen your case.
Call the Police and Report the Accident
It’s essential to report the accident to the police. Under R.S. 32:398, you must contact law enforcement if an accident results in injury or damage. The police will create an official report of the accident, which will be crucial for your case. Even if you are unable to call 911 right away due to your injuries, make sure to contact the police as soon as you can, or ask someone else to do so.
The police report will provide a detailed account of the accident and also help establish liability and can provide evidence to support your case.
Seek Medical Attention Immediately
Even if you don’t feel injured right away, it’s important to seek medical care as soon as possible. The adrenaline rush from a crash can mask pain, and injuries like whiplash or internal trauma may not show immediate symptoms.
Here are some of the reasons why you need to see a medical professional:
- Documenting injuries: Medical records will link your injuries directly to the accident, which is crucial for any legal claims.
- Proving injury: Delaying medical treatment could hurt your case by making it harder to prove that the crash caused your injuries.
- Comprehensive treatment: Early medical attention ensures you receive the proper care and increases your chances of a full recovery.
Gather and Preserve Evidence
If you are able to, start collecting evidence at the scene of the accident. The sooner you gather evidence, the stronger your case will be. Here are some key things to do:
- Take photos and videos: Document the scene, damage to your vehicle, the truck, and any visible injuries.
- Get contact details of witnesses: Eyewitness testimony can be valuable in supporting your version of events.
- Record truck details: Take photos of the truck’s license plate, driver’s license, and insurance information.
- Document unsafe conditions: If there were any hazardous conditions that contributed to the accident, such as poor road conditions or equipment failure, document them as well.
Mind What You Say and Avoid Talking to Insurance Adjusters
Insurance companies aim to settle claims for as little as possible. It’s important to avoid giving unnecessary details to the other party’s insurance adjuster or making statements that could be misinterpreted.
Here are some things to consider when handling insurance communications:
- Limit contact: Speak with your insurance company as necessary but avoid giving detailed statements.
- Don’t admit fault: Even if you believe you played a small part in the accident, avoid saying anything that could be interpreted as an admission of guilt.
- Avoid social media: Don’t discuss the accident or post about it on social media. Insurance companies will often use these posts against you.
Contact a New Orleans Truck Accident Lawyer
After a trucking accident, the insurance company and trucking company will have teams of lawyers working to minimize your compensation. That’s why it’s critical to hire an experienced attorney who understands the nuances of law. Below are some ways a personal injury attorney focused on truck accidents can help:
- Protect your rights: A lawyer will ensure your legal rights are protected and that you receive the compensation you deserve.
- Handle negotiations: Your attorney will deal with the insurance companies on your behalf to prevent you from being pressured into a low settlement.
- Fight for full compensation: An experienced personal injury or truck accident attorney will help you get compensation for medical expenses, lost wages, pain and suffering, and more.
Wait for Maximum Medical Improvement Before Settling
In many cases, it’s advisable to wait until you reach Maximum Medical Improvement (MMI) before accepting a settlement offer. MMI refers to the point at which your injuries have stabilized, and doctors can predict your long-term prognosis.
Why is it important?
- Accurate compensation: Waiting until you reach MMI ensures you have a clear understanding of your injuries and the compensation you need.
- Long-term recovery: It allows you to account for future medical treatments and lost wages when negotiating a settlement.
Understand the Statute of Limitations for Trucking Accidents in Louisiana
Under Louisiana Civil Code Article 3492, the statute of limitations for personal injury claims, including trucking accidents, is one year from the date of the accident. This means you must file your lawsuit within one year, or you will lose your right to pursue compensation for your injuries.
The clock starts ticking on the day of the accident, so it’s important to contact a lawyer quickly. Missing this deadline could prevent you from recovering compensation for your injuries.
Contact Our Seasoned New Orleans Truck Accident Lawyers at Crescent City Law Personal Injury Today
If you’ve been involved in a wreck with an 18-wheeler in New Orleans, it’s important to act quickly and take the right steps to protect your health and legal rights. From calling the police and seeking medical attention to gathering evidence and contacting an experienced truck accident attorney, these actions are crucial for building a strong case.
At Crescent City Law, we are here to help you navigate the complexities of truck accident claims and ensure that you receive the compensation you deserve. Contact us today at 504-608-0084 for a consultation, and let us help you get started on your path to recovery.