What to Do if You’re Hit by a Fatigued or Distracted Truck Driver

Truck accidents, particularly those involving fatigued or distracted truck drivers, can result in devastating consequences. These accidents are often serious due to the sheer size and weight of commercial vehicles, which can cause severe injuries or even fatalities. If you or a loved one has been involved in an accident with a fatigued or distracted truck driver in North Carolina, it’s crucial to know the steps to take immediately after the accident to protect your health, safety, and legal rights.

In this post, we’ll discuss what you should do if you find yourself in this unfortunate situation, including how to protect yourself legally and ensure the best possible outcome for your truck accident case.

The Dangers of Fatigued and Distracted Driving

Before diving into what to do after an accident, it’s important to understand why fatigued and distracted truck driving are such serious concerns.

Fatigued driving occurs when a driver is too tired to operate a vehicle safely. This can be due to long hours on the road, insufficient rest, or other factors such as medical conditions. Fatigued drivers experience slower reaction times, decreased awareness, and poor judgment, making them more likely to cause an accident.

Distracted driving, on the other hand, involves any activity that takes a driver’s attention away from the road. Examples include texting, talking on the phone, eating, or adjusting the radio. Truck drivers are especially vulnerable to distractions because of the long hours they spend on the road.

Step-by-Step Guide for What to Do After an Accident

If you’ve been in an accident with a truck driver who you suspect was either fatigued or distracted, follow these steps to ensure your safety and protect your legal rights.

1. Ensure Safety and Call for Help

First and foremost, ensure that you and your passengers are safe. Move to a safe location if possible, but don’t leave the scene of the accident. Call 911 immediately to report the incident. Be sure to inform the dispatcher about the seriousness of the situation, especially if there are injuries.

When talking to law enforcement, avoid admitting fault, even if you think you may have contributed to the accident. Stick to the facts about the accident and let the authorities investigate.

2. Seek Medical Attention, Even if You Feel Fine

Even if you feel okay after the accident, it’s important to seek medical attention as soon as possible. Some injuries may not be immediately visible, such as a head injury or internal injuries. By seeing a doctor right away, you can ensure that any injuries are properly diagnosed and treated.

3. Gather Evidence at the Scene

If you’re able to do so safely, try to gather as much evidence from the accident scene as possible. Any evidence collected may be helpful for your personal injury claim.

Photographs: Take pictures of the scene, including the damage to your vehicle, the truck involved, any skid marks, road conditions, and traffic signs or signals.
Witness Information: If there were any witnesses to the accident, ask for their contact information. Their statements can serve as valuable evidence.
Truck Driver’s Information: Get the truck driver’s name, license number, and insurance information. Also, ask to see their logbook, which tracks driving hours and rest periods. This can help determine if the driver was fatigued or violating regulations.

4. Document Your Injuries and Damages

Start keeping detailed records of your injuries and damages as soon as possible. This includes medical bills, prescriptions, lost wages from missing work, and any other expenses related to the accident.

It is also important to reflect on your day-to-day life and how your injuries impact you, including physically and emotionally. These memories will be important to share if you move forward with a personal injury claim.

5. Contact an Experienced Personal Injury Lawyer

One of the most important steps to take after an accident with a fatigued or distracted truck driver is to contact an experienced personal injury lawyer as soon as possible. Truck accidents can involve complicated legal issues, including federal and state regulations, as well as the involvement of multiple parties (such as the trucking company, insurance providers, and maintenance contractors).

An attorney will help you understand your legal rights and guide you through the process of filing a claim or lawsuit. Lawyers can also assist in gathering additional evidence, interviewing experts, and negotiating with insurance companies to ensure you get the compensation you deserve.

6. Avoid Speaking with the Trucking Company’s Insurance Adjusters

After the accident, the trucking company’s insurance adjusters will likely reach out to you. They may attempt to get a statement or offer a settlement. It’s important to remember that their goal is to settle the case quickly and for as little money as possible.

Do not speak to the insurance adjuster without consulting with your lawyer first. Anything you say may be used against you in your claim.

7. Investigate the Trucking Company’s Practices

Your lawyer may also investigate the trucking company’s practices to determine whether the company has a history of safety violations or if it is partially responsible for the accident. For example, the company may have pressured the driver to work beyond the legal driving hours or failed to maintain the truck properly. These factors are important for your case.

Conclusion

Being involved in an accident with a fatigued or distracted truck driver can be a traumatic experience. Taking the right steps after the accident can help protect your health and your legal rights. By ensuring your safety, seeking medical attention, gathering evidence, and contacting a personal injury lawyer, you can set yourself up for the best possible outcome in your case.

If you or a loved one has been injured in a truck accident caused by a fatigued or distracted driver, Ward and Smith is here to help. Our team of experienced personal injury attorneys is dedicated to fighting for your rights and ensuring you receive the compensation you deserve. Contact us today to begin the process of securing justice for your case.