If you or a loved one has been involved in a collision with a commercial truck, the experience can be terrifying, confusing, and devastating. Unlike a typical fender-bender, a wreck involving an 18-wheeler introduces a massive difference in force, injury potential, and legal complexity. These aren’t just car accidents; they are high-stakes incidents involving major corporations, sophisticated insurance carriers, and extensive federal regulations.
At Simon Bridgers Spires, we’ve dedicated our practice to guiding injury victims through these challenging legal waters. Based on our years of experience fighting for justice for the people of Atlanta, we’ve put together the essential, immediate steps you must take to protect your health, your family, and your right to compensation. Following this guide will help level the playing field against the trucking company and its defense team.
Phase 1: The Scene of the Accident—Safety and Documentation
Your actions in the moments immediately following the crash are crucial and will heavily influence the outcome of any potential legal claim. Always prioritize your physical well-being first.
1. Secure Immediate Safety and Medical Attention
The first priority is your health. If you are able, move yourself and your vehicle out of the flow of traffic to prevent secondary collisions. Then, immediately check yourself and any passengers for injuries. Even if you feel fine, call for medical help. Do not decline an ambulance ride if you are injured or uncertain about your condition. Adrenaline can mask severe injuries, and refusing medical care can be used against you later to suggest your injuries were not serious.
2. Call the Authorities
Immediately call 911 to report the accident to the Georgia State Patrol or the Atlanta Police Department. A formal police report is a vital piece of evidence. When the officer arrives, be factual and concise about what happened. Never admit fault, even if you think you might have contributed in some small way. The officer’s job is to gather facts, not to assign ultimate legal blame. Make sure to get the officer’s name and the report number.
3. Gather Critical Evidence
Truck accidents are often highly investigated by the trucking company’s rapid response team, who can arrive at the scene within hours. You must document the scene before they can influence the evidence.
- Photographs and Video: Use your phone to take pictures and videos of everything. Focus on the positions of the vehicles, the truck company’s name and DOT number (usually on the cab door), the license plate, the driver, your injuries, and any contributing factors like skid marks, road conditions, and traffic signals.
- Witness Information: Get the names, phone numbers, and email addresses of any witnesses. Their testimony can be invaluable in establishing fault.
- Driver Information: Get the commercial driver’s license (CDL) number, insurance information, and the name and contact information for the trucking company.
Phase 2: Protecting Your Claim in the Following Days
Once you’ve left the scene, the legal battle begins. This is when the experience of a dedicated law firm becomes indispensable, especially in navigating complex litigation that involves federal trucking laws.
4. Seek Follow-up Medical Treatment
Your medical records serve as the definitive proof of your injuries and their connection to the crash. See a doctor, a specialist, or a physical therapist as recommended. Do not delay appointments and follow every instruction given by your healthcare providers. Gaps in treatment are a major red flag for insurance companies and can severely diminish the value of your claim.
5. Remain Silent with Adjusters
Soon after the crash, you will almost certainly be contacted by an insurance adjuster or a representative from the trucking company. They may sound friendly, but their goal is to obtain a recorded statement or piece of information that can be used to minimize your injuries and claim value. Do not speak with them. Do not sign any documents, accept any quick settlement checks, or give a recorded statement until you have consulted with an attorney. Simply direct them to speak to your legal counsel.
6. Preserve All Records
Truck accident cases rely heavily on detailed records. Create a dedicated folder for all of the following:
- Medical bills and records.
- A log of your daily pain and limitations.
- Pay stubs and documentation of lost wages.
- Correspondence from the insurance company or trucking company.
Phase 3: Immediate Legal Action—Why You Need Expertise
A truck accident is profoundly different from a car wreck because it triggers the involvement of the Federal Motor Carrier Safety Administration (FMCSA) and its detailed set of rules. Trucking companies are required to keep extensive records, including driver logbooks, maintenance reports, and post-accident drug and alcohol test results. Crucially, they also utilize electronic data recorders (the truck’s “black box”) which hold critical information about speed, braking, and driving hours.
The law requires many of these records to be preserved only for a limited time. The trucking company and their legal team know this and will often move quickly to destroy or modify these records before a lawsuit is even filed.
The Simon Bridgers Spires Advantage
This is where the unique experience of a firm like Simon Bridgers Spires becomes your greatest asset. We do not wait. Upon being hired, our team immediately:
- Issues a Spoliation Letter: This formal legal document puts the trucking company on notice, legally requiring them to preserve all crucial evidence, including the black box data and driver logs. This move prevents them from legally destroying key facts.
- Launches a Professional Investigation: We dispatch our own accident reconstruction specialists and investigators to the scene to secure evidence and analyze the crash, often countering the findings of the company’s own team.
- Identifies All Responsible Parties: Truck accident cases can involve multiple defendants: the driver, the trucking company, the company that loaded the cargo, the mechanic who maintained the truck, or even the manufacturer of a defective part. Our comprehensive approach ensures we hold every negligent party accountable.
If you are involved in a wreck with a large commercial vehicle in or around Atlanta, the most decisive action you can take is to retain experienced legal representation right away. Our success is built on a deep understanding of Georgia and federal trucking laws and an unwavering commitment to standing up against powerful corporations.
Do not navigate the complex aftermath of a serious truck accident alone. We offer a free, confidential consultation to discuss your specific case and begin the process of building the strongest possible claim for the compensation you deserve. Contact Simon Bridgers Spires today.