Immediate Actions at the Accident Scene
Protecting your rights after a North Dakota commercial truck crash starts at the accident scene. Here’s what to do before you leave to seek medical attention:
- Call 911 – If you haven’t already, call 911 to summon the police and emergency medical personnel to the crash scene. Not only is alerting emergency responders crucial if you or someone else have life-threatening injuries, but calling 911 also means the police will respond and file a crash report. You’ll likely need the crash report for your claim.
- Get the truck driver’s information – If your injuries allow, ask the truck driver for their contact and insurance information. Get their name, address, phone number, personal insurance information, the truck’s registration number, the name of the truck driver’s employer, and their employer’s insurance information. Having this information can make the claim process much simpler.
- Document the accident scene – Visual evidence from the crash scene is often valuable in a truck accident claim. Use your phone to take pictures of all the vehicles involved in the crash, the damage to your car, your injuries, any nearby video cameras, and any environmental hazards you notice. Your legal team can use this evidence to help prove who caused it and the extent of your injuries.
- Don’t discuss fault – The police may ask you questions about the accident as part of their investigation before releasing you to seek medical attention. Answer their questions honestly, but avoid discussing who may have caused the collision. Stick to the basic facts of the crash, and remember that “I don’t know” is a valid response to questions from the police.
Dealing with Insurance Companies
While the truck driver, trucking company, or another party may have caused the crash, you’ll mainly deal with the insurance companies as you fight for fair compensation. Most North Dakota truck accident claims end in insurance settlements, so you must convince the insurance companies of your injuries and that their policyholder caused them. Here are a few tips to keep in mind.
Notifying Your Insurance Company
You should notify your insurance company about the crash as soon as possible. If you can’t report the crash yourself, ask a friend or family member to report it for you. When you speak to your insurance company, tell them the basic facts of the crash and the parties involved. Do not speculate about who caused the crash, and avoid discussing your injuries until you fully understand their potential facts. Do not agree to a recorded statement without talking to a lawyer first. If you have concerns about speaking to your insurance company, a truck accident lawyer can handle these discussions to protect your rights.
Avoiding Communication with the Other Driver’s Insurer
Never talk to the truck driver’s or another liable party’s insurance company without speaking to an attorney first. It’s best to wait until you have a better sense of your injuries and financial losses from the collision.
You might hear from an insurance company even if you haven’t contacted them yet. If this happens, the insurer will likely pressure you to accept a quick settlement. Don’t accept any insurance settlement offers without having a lawyer review them. Keep your conversation brief, don’t discuss the crash or your injuries, and tell the insurance company to speak to your lawyer.
Medical Attention and Documentation
Emergency responders typically take people injured in truck crashes directly to the nearest hospital. If this happens to you, make sure to tell your doctor about all your symptoms and any pain you feel. It’s crucial to be honest and thorough about your injuries while not exaggerating or making up symptoms.
If you didn’t go to a hospital directly after a car accident, see a doctor right away. Even if you feel OK, you may have hidden, potentially life-threatening injuries. Seeing a doctor immediately protects your health and also creates a record of your injuries that you can use in your claim. Here are a few things to remember as you work through your medical treatment:
- Follow your doctor’s instructions precisely – Do exactly what your doctor says to the letter, even if you disagree or the treatment seems ineffective. You can see another doctor for a second opinion, but halting your treatment makes your injuries seem less severe and gives insurance companies cause to scrutinize your claim.
- Attend all follow-up appointments – You may feel overwhelmed by all your doctor’s visits and other appointments after a collision, but it’s vital to attend them all. You need to do what’s best for your health, and attending all follow-up appointments shows the insurance companies that you take your injuries seriously.
- Save your records and bills – Request copies of your records from all your providers so you can use them in your claim. These documents help demonstrate the severity of your injuries and any long-term effects you might experience. Similarly, your bills help illustrate the crash’s financial cost.
Understanding Legal Requirements and Rights
Truck drivers and trucking companies operating in North Dakota must follow state and federal regulations designed to minimize crashes. Recognizing violations of state and federal trucking regulations is one of the core jobs of a North Dakota truck accident attorney.
The Role of Federal Regulations in Commercial Vehicle Accidents
Many truck drivers and trucking companies operate across multiple states, meaning they must comply with federal regulations for interstate trucking operations. The Federal Motor Carrier Safety Administration (FMCSA) is the primary agency that governs interstate truck drivers and trucking companies. Some essential FMCSA regulations include:
- Hours of Service Rules – Driving a truck requires intense concentration, and driver fatigue significantly increases the chance of a truck crash. Federal Hours of Service regulations dictate how long truck drivers can spend behind the wheel in a given day or work week without taking a break. If a truck driver broke these laws, they could be liable for the crash. Moreover, their employer could be responsible if it encouraged the driver to do so.
- Vehicle Maintenance and Inspections – Federal law requires trucking companies to regularly inspect, repair, and maintain their vehicles. Federal regulations also state that trucking companies have a qualified inspector look over their vehicles every 12 months. Trucking companies that fail to follow these laws may be liable for a crash that resulted from improper maintenance.
- Weight Limits and Cargo Securement – Federal law sets weight limits for trucks, as overloaded or unbalanced trucks are harder to control and more likely to roll over. The standard weight limit is 80,000 pounds, and trucking companies that fail to follow the rules can be liable for a collision.
- Drug and Alcohol Testing – FMCSA regulations say truck drivers must pass drug and alcohol tests before being hired, after accidents, and randomly throughout the year. Drivers who fail tests or don’t comply with testing requirements should not be behind the wheel, and any violations of these rules can make a truck driver or trucking company liable for a crash.
- Electronic Logging Device (ELD) Rules – Newer FMCSA regulations say most trucks must have ELDs to track a driver’s hours behind the wheel. ELDs help ensure drivers follow Hours of Service rules and prevent driver fatigue, which is a common factor in many truck crashes.
Your Legal Rights in North Dakota
You have the right to file a personal injury claim after a North Dakota truck accident and seek fair compensation for your injuries. To win your case, you must prove someone else caused the crash through their negligence, meaning they failed to take reasonable steps to prevent a collision. Not following federal or state trucking regulations is a common example of negligence but not the only reason truck crashes happen. Your attorney can investigate the crash to determine how it happened and who’s liable for your injuries. Depending on your injuries and other factors, your compensation could include money for:
- Current and future medical expenses related to the collision
- Lost income and reduced future earning capacity
- Pain and suffering
- Emotional distress
- The cost to repair or replace your car or other damaged property
It’s crucial to act quickly after a truck accident to preserve your right to compensation. In most cases, North Dakota law gives you six years from the accident date to file a lawsuit. However, we urge you to speak to an attorney as soon as possible so they can investigate the accident and preserve essential evidence.
The Investigation Process
It may take several weeks or months for a Minot, ND, truck accident lawyer to investigate the crash and identify who’s liable for your injuries. Here’s how that process works.
How Commercial Vehicle Accident Investigations Are Conducted
A commercial vehicle accident typically starts by reviewing police reports, medical records, and witness statements. Your attorney may also examine electronic logging device (ELD) data, GPS records, and dashcam footage to check for any violations of federal trucking regulations. Similarly, truck maintenance logs, driver employment history, and cargo records can reveal safety issues due to a truck driver or trucking company’s negligence. In some cases, truck accident lawyers work with accident reconstruction experts to analyze skid marks, vehicle damage, and road conditions to gather as much evidence as possible about how the accident happened.
Collecting and Preserving Evidence for Your Claim
While your truck accident lawyer will handle most of the investigation, evidence you may have collected from the scene can support your claim. Some crucial evidence to collect and preserve includes:
- Any photos or videos you took at the accident scene
- The names and contact information of any eyewitnesses or other people in your vehicle
- The locations of any nearby surveillance that may have recorded the collision
- Your medical records
When to Consult a Commercial Vehicle Accident Attorney
It’s best to contact a Grand Forks, ND, commercial vehicle accident attorney immediately after a collision. Crucial evidence can disappear from the scene within days or weeks, making it harder for you to recover fair compensation. You also want to give your lawyer as much time as possible to build your case and document your injuries. Finally, consulting an attorney immediately after a crash can help you recover the money you need more quickly, reducing your financial stress.
Taking Legal Action
Once you’ve followed all these steps, it’s time to call an attorney and start the formal legal process. The sooner you take legal action, the greater your chances of recovering maximum compensation for your injuries.
Steps to Initiate a Claim
Follow these steps to initiate your personal injury claim:
- Draft and File a Legal Complaint – After completing the accident investigation, your lawyer will prepare a formal complaint outlining your injuries and the compensation you’re seeking. Your attorney will file the complaint with the appropriate court.
- Serve the Defendant – Next, the defendant and their insurance company must receive official notification of your complaint. The defendant will have a set time to respond to avoid a default judgment (meaning you automatically win your case). The defendant may admit they caused the crash, deny responsibility, or attempt to negotiate a settlement.
- Negotiate a Settlement – Many North Dakota truck accident cases settle out of court. A settlement means you agree to waive your right to sue in exchange for a guaranteed payout.
- Go to Trial – If the liable parties won’t make you a fair settlement offer, you can proceed with your lawsuit. This involves going to court and arguing your case in front of a judge or jury.
Pringle & Herigstad, P.C. represents truck accident victims in Minot, Grand Forks, and throughout North Dakota. Call now or complete our contact form for a free consultation with a seasoned North Dakota truck accident lawyer.
Pringle & Herigstad, P.C. is committed to supporting individuals in North Dakota, including Grand Forks, Minot, Fargo, Bismarck, Williston, Rugby, Devils Lake, Jamestown, and the surrounding areas.
