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5 Essential Steps to Follow When Filing a Truck Accident Lawsuit

— December 5, 2023

Discuss with your attorney about managing social media to avoid harming your case.

Despite caution, driving remains inherently risky, mainly due to the potential impact of other drivers’ negligence. Truck accidents, with a staggering 166,833 reported in the past year alone, show this risk. If you are in a truck accident where you are confident it’s not your fault, taking specific steps is crucial to winning your case. Here are five essential tips to follow after a truck accident.

  1. Hire an Attorney 

Hiring an experienced attorney like Schuerger Shunnarah Trial Attorneys is crucial. Even if a settlement is proposed to you before you consult an attorney, chances are it falls short of what you deserve. A fast settlement offer often indicates that you have a strong case, emphasizing the importance of consulting a lawyer to ensure you receive the total compensation. Resist the temptation to accept an offer without taking legal advice.

  1. Collect Evidence 

To succeed in a personal injury lawsuit, it’s essential to establish that the truck driver was negligent and responsible for your injuries. Your attorney will help collect the necessary evidence, which may encompass:

  • Accident reports from the police: Ask the responding police officer to generate an official report outlining the accident’s time, date, location, and description, including their initial assessment of fault.
  • Images or videos from the accident site: Capture photos of vehicle damage, skid marks, traffic signals, and note weather and road conditions.
  • Dashcam recordings: If you have a dashcam, check its recording and store it somewhere safe. Witnesses on site may have captured the accident on their dash cams as well, so make sure to ask them.
  • Statements from eyewitnesses: Capture concise statements from witnesses and collect their contact details for potential future interviews by your attorney.

While gathering evidence is crucial, it’s equally vital to avoid collecting information that could be used against you like:

  • Admitting fault or apologizing for the crash: Insurance companies may twist such statements to argue your responsibility.
  • Providing oral or written statements without legal assistance:  Avoid this with your insurance company to prevent manipulation of your answers. 
  1. Gather Medical Records and Continue Your Treatment

    Prejudices in Medical Records are All too Common
    Photo by Gustavo Fring from Pexels

After a truck accident, the primary step is to seek medical care, even if you don’t immediately experience discomfort. Numerous injuries, like whiplash, may manifest hours or days later. Prompt medical attention is crucial for any lawsuit, as delaying treatment could adversely impact your case.

In addition, establishing your injuries is crucial for your case. Regardless of the apparent nature of your injuries, supporting medical documentation is essential. Necessary medical records comprise:

  • Admission and discharge documents from the emergency room
  • Notes from your attending physician
  • Results from tests and laboratory work Medical imaging, including X-rays, MRIs, and CAT scans
  • Invoices for medical services
  • Any other paperwork confirming medical treatment or physical therapy

Additionally, maintaining consistency in your medical care is crucial. Neglecting treatment can allow the defendant’s legal team to question the legitimacy of your injuries. Adhere to your doctor’s recommendations and attend all appointments and physical therapy sessions. Consider maintaining an injury journal to stay organized, ensuring you follow prescribed treatments and never miss appointments.

  1. Don’t Post on Social Media 

Exercise caution with social media as it can significantly impact your credibility. While refraining from documenting your truck accident on social platforms can be challenging, it’s crucial. In a personal injury lawsuit, proving substantial injuries affecting your quality of life is vital. While sharing injury photos may be acceptable, consider the potential interpretation by the defendant’s legal team.

Discuss with your attorney about managing social media to avoid harming your case. If the defendant’s lawyer suspects exaggeration of your injuries, they might use your social media content to challenge your claim.


If you’ve been in a truck accident, taking some steps to ensure you successfully file your lawsuit is crucial.  

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