Truck accidents are at the top of the most devastating types of vehicle collisions due to the size and weight of commercial trucks. In Vermont, with its winding roads and heavy winter weather, truck accidents are not uncommon. Knowing what steps to follow right after a truck accident is important for protecting your rights and ensuring a fair resolution. This guide outlines the immediate actions you should take after a truck accident in Vermont and the legal considerations to keep in mind.

Immediate Steps to Take After a Truck Accident

1. Ensure Safety and Call for Help
   • The first priority after a truck accident is to ensure the safety of all involved. If it's possible, move to a safe location away from traffic.
   • Call 911, even if the accident seems minor. Vermont law requires reporting accidents that result in injury, death, or significant property damage. Emergency responders will provide medical assistance and file a police report, which will be crucial for any legal claims.
2. Seek Medical Attention
   • Even if you feel fine, it's imperative to seek medical attention after a truck accident. Some injuries, like whiplash or concussions, may not present symptoms immediately.
   • Prompt medical evaluation provides documentation of injuries directly related to the accident, which is critical for any personal injury claims you may file later.
3. Gather Evidence at the Scene
   • If it is safe to do so, collect as much evidence as possible from the accident scene. This includes taking photographs of vehicle damage, road conditions, traffic signs, and any visible injuries.
   • Obtain contact information from witnesses. Their accounts can provide valuable insights and support your case during negotiations or in court.
4. Exchange Information with Other Parties
   • Share names, contact information, driver's license, and insurance details with the truck driver and any other parties involved.
   • Note the truck's company name, license plate number, and any identifying features. If possible, get the Department of Transportation (DOT) number of the truck, which can help identify the truck's owner and insurance information.

Legal Considerations After a Truck Accident

• Understand Vermont's Fault-Based Insurance System
  • Vermont operates under a fault-based or tort insurance system, meaning that the responsible party for causing the accident is liable for damages. Establishing fault is critical in determining who pays for medical costs, vehicle repairs, and other losses.
  • Insurance companies often conduct their investigations to determine fault, but having your own evidence and documentation can help counter any unfavorable findings.
• Dealing with Insurance Companies
  • After a truck accident, you may be contacted by insurance adjusters from the trucking company's insurer. It is essential to be cautious during these interactions. Insurance adjusters aim to minimize payouts and might try to get you to admit some fault or downplay your injuries.
  • Before providing any statements or signing documents, consult with an experienced truck accident attorney. They can guide you on what to say and make sure your rights are protected.
• Seek Legal Representation
  • Truck accident claims can be complex, often several parties are involved, like the truck driver, trucking company, and even manufacturers of truck parts. An attorney experienced in Vermont truck accident cases can navigate these complexities and advocate on your behalf.
  • A lawyer will also handle communications with insurance companies, gather further evidence, and build a compelling case to make sure you receive the compensation you deserve for your injuries and losses.

Potential Damages You Can Claim

Victims of truck accidents in Vermont can claim a few types of damages, depending on the specifics of the accident and the extent of injuries. These include:

• Medical Expenses: Costs for immediate and future medical care, including surgeries, hospital stays, rehabilitation, and medications.
• Lost Wages: Compensation for the income lost due to not being able to work during recovery, as well as future lost earning potential if injuries lead to long-term or permanent disability.
• Pain and Suffering: Reimbursement for physical pain and emotional distress that resulted from the accident and subsequent injuries.
• Property Damage: Expenses for replacing or repairing your personal property damaged in the accident.

Statute of Limitations for Truck Accident Claims in Vermont

In Vermont, you have three years from the date of a truck accident to file a personal injury claim. It's important to act promptly, as missing this deadline might result in losing your right to seek compensation. However, there are some exceptions to this rule, such as cases involving a minor or when the injured party is mentally incapacitated. An attorney can help determine the applicable deadline for your specific situation.

Importance of Preserving Evidence

Preserving evidence is critical in truck accident cases, especially when it involves commercial trucking companies. Evidence such as the truck's "black box" data, driver logbooks, and maintenance records can provide insights into what caused the accident. However, this evidence can be lost or destroyed over time. Your attorney can issue a spoliation letter to the trucking company to preserve relevant evidence.

Common Causes of Truck Accidents in Vermont

Understanding common causes of truck accidents can help in building a strong case. In Vermont, factors such as harsh weather conditions, narrow rural roads, and driver fatigue often contribute to truck accidents. Additionally, factors like distracted driving, improper maintenance, and overloaded trucks are prevalent causes.

• Driver Fatigue: Long hours on the road can lead to driver fatigue, impairing reaction time and decision-making skills.
• Poor Weather Conditions: Vermont's snowy and icy winters create hazardous driving conditions, particularly for large trucks.
• Mechanical Failures: Trucks require regular maintenance. Brake failures, tire blowouts, or other mechanical issues can lead to severe accidents.

Conclusion

Being involved in a truck accident is often a life-altering experience, but understanding the necessary steps and legal considerations can help you navigate this challenging time. By following these guidelines and seeking the right legal advice, you can protect your rights and work towards a fair resolution.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Vermont truck accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.