5 Critical Steps to Take After an 18-Wheeler Accident

Colliding with an 18-wheeler is terrifying. The sheer size and weight of a commercial truck means the damage is often catastrophic—crushed vehicles, life-altering injuries, and trauma that lasts far beyond the moment of impact.

But what happens in the minutes, hours, and days after the crash may determine whether you ever recover fair compensation. Trucking companies know this. Their playbook starts before the wreckage is cleared. While you're being transported to the hospital, the trucking company's rapid response team is already on its way to the scene, collecting evidence, photographing damage, and conducting their own investigation designed to protect their interests — not yours.

Why Trucking Accidents Are Different

Trucking accidents aren't just bigger car accidents. They involve different laws, different evidence, different insurance structures, and different defense strategies. The stakes are higher, the injuries are more severe, and the defendants are more sophisticated. Understanding these differences is critical to protecting your claim:

A crash with a commercial truck is not just a "big car wreck." It involves:

• Federal regulations (the FMCSRs, codified at 49 C.F.R. Parts 390–399) that govern driver hours, maintenance, and qualifications
• Multiple potentially liable parties — the driver, the motor carrier, the shipper, the broker, the vehicle manufacturer
• Sophisticated insurance defense — major carriers have massive policies and experienced claims teams
• Electronic evidence — ELDs, GPS data, dashcam footage, and maintenance logs that can prove negligence or disappear if not preserved

Understanding these differences is essential to protecting your claim.

The 5 Critical Steps

1. Call 911 and Ensure a Police Report Is Filed

Never let the truck driver talk you out of calling the police. Trucking companies train their drivers to minimize documentation at the scene—don't help them.

An official police report creates a contemporaneous record of:

• Vehicle positions and skid marks
• Weather and road conditions
• Witness statements
• The driver's information and DOT numbers
• Any citations issued

This report becomes foundational evidence. Without it, the carrier can rewrite history.

2. Document Everything at the Scene

If you're physically able, gather your own evidence before it disappears:

• Photograph the truck: Get the company name, logo, DOT number, license plate, and any visible damage
• Photograph the road: Skid marks, debris fields, traffic signals, road conditions
• Photograph your vehicle: Damage, airbag deployment, final position
• Get witness information: Names, phone numbers, and brief statements if possible
• Note the driver's behavior: Were they on the phone? Did they admit fault? Were they in uniform?

Smartphone photos with embedded timestamps and location data are powerful evidence.

3. Do Not Sign Anything from the Trucking Company

Trucking companies often dispatch "rapid response teams" to serious accidents—sometimes arriving before the police. Their job is to minimize liability, not help you.

They may:

• Offer you a quick settlement check
• Ask you to sign a "release"
• Request a recorded statement
• Seem sympathetic while gathering information to use against you

The rule: Sign nothing. Say nothing beyond basic information exchange. Do not give recorded statements until you have legal representation.

Early settlements almost never account for future medical costs, lost earning capacity, or the true extent of your injuries—which may not be apparent for days or weeks.

4. Seek Immediate Medical Attention

Adrenaline masks pain. Internal injuries, traumatic brain injuries, and spinal damage may not present obvious symptoms at the scene.

Go to the emergency room or urgent care immediately. Even if you "feel okay."

This matters for two reasons:

1. Your health: Some injuries worsen rapidly without treatment
2. Your claim: Any gap in treatment gives the insurance company ammunition to argue your injuries weren't caused by the crash

Follow up with recommended specialists. Document everything. Keep copies of all medical records.

5. Contact a Trucking Accident Attorney Immediately

Trucking cases require specialized knowledge. You need an attorney who understands:

• Federal Motor Carrier Safety Regulations — Hours of Service rules, ELD requirements, driver qualification files
• Evidence preservation — How to issue spoliation letters before logbooks are overwritten and dashcam footage is "lost"
• Multi-party liability — The driver, carrier, broker, shipper, and maintenance providers may all share responsibility
• Serious injury valuation — How to calculate lifetime medical costs, lost earnings, and pain and suffering

General personal injury attorneys often miss critical evidence or undervalue complex trucking claims. This is specialized practice.

The Evidence That Wins Trucking Cases

Electronic Logging Devices (ELDs)

Federal law requires commercial drivers to log their hours electronically under 49 CFR § 395 (Hours of Service regulations). ELD data shows exactly when the driver was on duty, driving, and resting — and whether they violated Hours of Service regulations that limit driving time to prevent fatigue-related crashes.

Driver Qualification Files

Carriers must maintain records on each driver: CDL status, medical certifications, training, and driving history. Incomplete or falsified files can prove negligent hiring.

Maintenance and Inspection Records

Trucks require regular inspections and maintenance. Deferred maintenance—worn brakes, bald tires, faulty lighting—can establish negligence.

Dashcam and GPS Data

Many trucks have forward-facing cameras and GPS tracking. This data can prove speeding, following too closely, or driver distraction.

Post-Accident Drug and Alcohol Testing

Federal regulations require drug and alcohol testing after certain accidents. Positive results or refusal to test are highly probative.

Spoliation: The Time Bomb

Here's what most people don't realize: critical evidence can be legally destroyed if you don't act fast.

• ELD data may only be retained for 6 months
• Dashcam footage may be overwritten in days or weeks
• The truck itself may be repaired before it can be inspected

An experienced trucking attorney will immediately send a spoliation letter to the carrier, legally requiring them to preserve all evidence. If they destroy evidence after receiving this letter, courts can impose serious sanctions—including adverse inference instructions that tell the jury to assume the destroyed evidence was harmful to the carrier.

This is why timing matters. The trucking company's evidence preservation clock is running from the moment of impact.

Frequently Asked Questions

How is a trucking accident case different from a regular car accident?

Trucking cases involve federal regulations, multiple liable parties, larger insurance policies, more sophisticated defense tactics, and electronic evidence that requires specialized knowledge to obtain and interpret.

Can I sue the trucking company, or just the driver?

Often both. Motor carriers are typically liable for their drivers' negligence under respondeat superior. Additionally, carriers can be directly liable for negligent hiring, training, supervision, or maintenance.

What if the trucking company's insurance adjuster contacts me?

Be polite but brief. Provide only basic information (your name, that you were in an accident). Do not give recorded statements, sign documents, or discuss your injuries. Refer them to your attorney.

How long do I have to file a lawsuit?

In Oklahoma, the statute of limitations for personal injury claims is generally two years. However, evidence preservation requires action within days—not years. Contact an attorney immediately.

What compensation can I recover?

Depending on your injuries, you may recover medical expenses (past and future), lost wages and earning capacity, pain and suffering, loss of enjoyment of life, and in some cases, punitive damages for egregious misconduct.

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The trucking industry is powerful, well-funded, and experienced at minimizing liability. They've done this thousands of times. You haven't. That asymmetry is why you need an attorney who knows how they operate. Within hours of a serious crash, trucking companies dispatch rapid response teams — accident reconstruction experts, defense attorneys, and adjusters — to the scene. Their goal is to build the strongest possible defense before you've even left the hospital. Having your own attorney involved from the start ensures that this asymmetry doesn't translate into a one-sided investigation.

At Addison Law Firm, we handle trucking accidents as the specialized practice they require. We move immediately to preserve evidence, investigate the full scope of liability, and build cases designed to win—in negotiation or at trial. If you've been hit by a semi, contact our attorneys before critical evidence disappears.

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This article is for general information only and is not legal advice.