Being in a truck accident is a traumatizing experience. In the chaos that follows, it is often difficult to know what steps to take and what information to gather. One crucial question that frequently arises is whether you must file a police report. The short answer is yes; filing a police report is essential after a truck accident, regardless of the severity of the collision.
There are numerous steps in the truck accident investigatory process before you can file an insurance claim or lawsuit. Not only do you need proof of what happened to cause the accident before you seek compensation, but the law may also require you to report a truck accident to the police. It is in your best interest to ensure that the officer files this report, and you should also obtain a copy because it can support your legal case. The insurance company may not dispute a firm assertion from a law enforcement officer who concludes that the policyholder was to blame for the accident.
Filing a police report is one of the many details you will have to handle in the days after the truck accident. However, given your physical injuries, you may not have the focus or capacity to handle all these details yourself. Taking care of these tasks is crucial if you want a chance at getting full compensation for your injuries.
Therefore, you should seek legal help from an experienced Austin truck accident lawyer quickly so you do not have to handle anything alone. They will ensure that you meet all your requirements while working to receive compensation for all the damages you have suffered.
When Do I Have to Report a Truck Accident?
Each state has requirements about when you need to report a motor vehicle accident. Generally, you must report an accident when there is physical injury or a certain amount of property damage. When you have been in an accident with a large truck, the damages will likely surpass that threshold.
Either you or someone else will likely call the police from the accident scene. You may have suffered an injury and cannot make the call yourself. Then, someone else will contact the police, and an officer will arrive at the scene before the authorities clear the accident damage.
Regardless, it is always in your interest to report the accident to the police immediately. You want a written report because it can help back up your story about the accident. The report may also include information that is a helpful jumping-off point when your truck accident attorney begins their investigation of the crash.
What Is in a Truck Accident Police Report?
When the police arrive, one or more officers will investigate the accident and try to talk to you if possible. They may also interview the truck driver to learn what happened and interview witnesses who saw the crash to gather their observations. They may include statements from these witnesses in the report to inform their investigation.
The officer may include the following in the police report:
- What they observed at the scene of the accident
- The conditions at the time of the accident
- Pictures of the scene of the accident
- Statements from witnesses who saw the crash and their contact information
- Whether one of the drivers received a citation for violating traffic laws
- Any conclusions they made about the cause of the accident
There may be a follow-up investigation after the accident. The National Highway Transportation Safety Administration generally relies on local law enforcement to conduct an investigation. Once they complete an investigation, the local police may report their findings to NHTSA. After the crash, law enforcement may make further inquiries, such as seeking drug and alcohol test reports for the driver in the collision and reviewing the operator’s safety record.
In some cases, NHTSA may choose to write its own report. It has a Special Crash Investigations Unit that investigates accidents in which the agency has a particular interest. However, these investigations only cover a limited number of truck accidents, so you can assume that a local law enforcement officer will handle your incident.
You Need to Obtain a Copy of the Police Report
The police report will likely not be ready after the crash because a subsequent investigation is necessary. The police need to review this information before issuing a report, mainly because there are legal consequences for the trucking company.
The officer may finalize the police report in the days after the accident. Then, you must obtain a copy of the report for your records and possible use with your case. Each state has procedures for ordering a police report, so if you do not already have the report, your truck accident lawyer can work to get it for you.
Insurance Companies Often Rely on Police Reports
The police report is a critical document when filing a truck accident claim. An objective police officer has signed and filed the accident report after conducting an impartial investigation. Police officers have natural credibility since people trust them to do their jobs impartially and thoroughly.
Suppose your truck accident attorney advises you to begin your case by filing a claim. In that case, they may include your evidence about the crash to persuade the insurance company to accept liability. Not only will your attorney add the results of their investigation, but they will also forward the police report as part of your claim.
If the police officer concludes that the truck driver was to blame for the accident, the insurance company will have difficulty reaching a different opinion. Even though insurance companies want to minimize their liability in any way they can, they may not want to fight you on responsibility for the crash after seeing the police officer's conclusions. Then, they know they have a near-certain losing case if you filed a lawsuit and took it to trial.
You Cannot Use a Police Report at a Trial
No matter what the police report says, it has limited utility in a truck accident lawsuit. Rules of evidence keep you from relying on proof that the court considers hearsay. When a police officer arrives at the accident scene, they hear accounts of the crash from other people—these witnesses are in the best position to testify about what happened to cause your injuries. The police report merely relates what the officer saw and observed after the accident. If the officer can testify to anything, it is what they saw when they showed up at the accident scene. However, these rules do not apply when filing an insurance claim since insurance companies can consider various evidence when evaluating it.
You Should Hire a Truck Accident Lawyer to Conduct Your Investigation
No matter what, there will likely be an investigation of any serious truck accident. The authorities closely regulate trucking companies, and they will follow up on any accident, partially to ensure that the trucking company is following the rules. Even after the initial investigation at the crash scene, law enforcement may perform a much more detailed inquiry in the days afterward. They may request additional information from the trucking company and even inspect the vehicle. The authorities may reach their conclusions about what caused your accident.
However, you should not make the mistake of assuming that the authorities are on your side when they are investigating a truck accident. They have aims and interests, and what law enforcement wants may not be the same as your goal. Your main interest in the investigation is to work towards receiving full compensation for your truck accident injuries. The authorities want to rule out wrongdoing and take enforcement action.
You cannot rely on the authorities to share what they have learned with you. Since you and law enforcement may not agree, you need someone to investigate and build your case. This person should have interests that align with yours, which is why you need to hire a truck accident lawyer to represent you. A truck accident attorney works solely to establish your legal right to compensation and fight for you to receive every dollar you deserve.
In addition, you have no control over the timetable on which the authorities will operate. They must conduct a relatively quick investigation while there is still available evidence that can prove what happened in your accident. The truck accident lawyer will operate on your timetable, working to begin establishing your grounds for the lawsuit as soon as you hire them. However, you must move to hire a truck accident attorney as soon as you can because evidence can disappear in a hurry. Winning a truck accident lawsuit becomes more challenging if you wait too long to begin the legal process.
What Happens When the Truck Driver is to Blame for the Accident?
If you can prove that the truck driver was responsible for the crash either through the police report or your investigation, the trucking company will owe you financial compensation. As a condition of operation, federal regulations require that the trucking company has an insurance policy of at least $750,000. Given the damages in truck accidents, trucking companies are wise to have more coverage than that because you can potentially reach their assets in a judgment.
Insurance companies will represent the trucking company in the legal process, and you will have to deal with them whether you have filed a claim or a lawsuit. If the police report and the other evidence of liability are clear, the insurance company may try to settle your claim because it is afraid of punitive damages if your case goes to a trial. However, a settlement offer and a settlement check are two different things. The insurance company will make you low settlement offers, dragging out your case and forcing you to fight.
Your truck accident lawyer will work to either negotiate compensation on your behalf in a settlement or help prepare your case to go to trial. You can further build your case through the lawsuit process as your case progresses. As the trial date draws near (assuming you have filed a lawsuit), the insurance and trucking companies may be more likely to want to settle your case.
You need a truck accident attorney to help you build evidence of liability and fight for you to get paid for the full amount of your damages. Since your case is likely worth a lot of money, you have very high stakes. You need to contact a truck accident lawyer soon after the crash so they can fully protect your legal rights. You can leave all the details to your truck accident attorney and focus on your recovery.
It Costs You Nothing Upfront to Hire a Truck Accident Attorney
When dealing with the aftermath of a truck accident, you may worry about how you will afford a truck accident attorney. The good news is that when you hire a truck accident attorney, they typically work on a contingency fee basis. This arrangement means they only get paid if they can secure a settlement or court judgment on your behalf. If they successfully win your case, they will take a percentage of the compensation as their fee. If they are unsuccessful, you owe them nothing.
This arrangement allows you to have the guidance and support of an experienced attorney without worrying about any upfront costs. It also means that your attorney will work diligently for your case, as their payment depends on your success.
An Austin personal injury lawyer is a valuable ally. They have extensive experience in handling truck accident cases and can guide you through the process of filing a police report. They understand the legal requirements and documentation needed to ensure your police report is accurate and comprehensive. Additionally, they can help gather evidence, interview witnesses, and liaise with law enforcement officials, making the process more efficient and effective. Contact a qualified truck accident lawyer to ensure you take the necessary steps to protect your interests.
