Pedestrian accidents involving commercial trucks often leave victims with life-altering injuries and severe emotional trauma.
Unlike car accidents, incidents with commercial vehicles like delivery trucks and trailers involve large corporations and insurance companies. This can make the process of getting compensation very difficult for victims.
However, having a lawyer by your side can make the process simpler. Victims should consult experienced professionals, like the pedestrian accident attorneys at Cory Watson Attorneys, to deal with the complications involved in securing fair compensation.
The following guide will walk you through what pedestrians should do after an accident with a commercial vehicle.
Immediate Steps After an Accident
Here are two important steps every pedestrian should take after an accident:
Ensure Safety and Seek Medical Attention
Your safety and well-being are top priority. If possible, move to a safe location, away from traffic to avoid further harm. However, be careful not to make your injuries worse.
Call 911 to report the accident and request medical attention. Alternatively, you can ask bystanders to help you call first responders. Even if you feel fine, it is important to get a medical evaluation since some injuries may not be obvious.
Document the Scene
Collect as much evidence as possible. If you are physically able, take photographs of the scene, including the vehicle registration, your injuries, road conditions, and traffic signals. Exchange information with the commercial driver, including:
- Their name
- Driver’s license
- Employer’s details
However, avoid discussing any details with the other party since simple statements like “I’m fine” can be used against you. Don’t forget to also get contact information from any witnesses at the scene.
Understanding Liability in Commercial Vehicle Accidents
Commercial vehicle accidents can have multiple liable parties. It is important to identify all liable parties to maximize compensation. The liability can fall on:
The Driver’s Responsibility
Commercial drivers have the responsibility to operate vehicles safely and responsibly. Accidents caused by drivers often occur due to:
- Fatigue
- Overspeeding
- Distractions
- Driving under the influence
If the driver did not follow traffic or the company’s protocol, they could be liable for an accident.
Employer and Company Liability
In many cases, the employer or the company that owns the vehicle can be held liable. This is referred to as vicarious liability, which holds employers accountable for the actions of their employees while they are at work.
However, the company can be directly liable if the accident results from poor vehicle maintenance, poor training, or long work schedules.
Third-Party Liability
Sometimes, third parties share liabilities. For instance, if a maintenance company failed to service the vehicle and poorly loaded cargo contributed to the accident.
Managing the Legal Process
After an accident, it is important to seek legal advice. An experienced attorney will evaluate your case, guide you through the legal process, and negotiate with insurance companies.
Also, file an insurance claim with the vehicle’s commercial insurance. Be cautious when providing statements, and don’t accept early offers without getting proper advice. Some of the compensation you are entitled to include:
- Medical expenses
- Lost wages
- Pain and suffering
- Future losses
Conclusion
After being hit by a commercial vehicle, understanding your rights and taking the right steps will help you get the compensation you deserve. Your recovery and future are worth fighting for. So don’t hesitate to seek the help and support you need to move forward.
Thank you for reading.
