TRUCK TALK
What To Do After a Truck Crash
Jon Hollan walks through the steps to take after a truck crash, from medical care to evidence preservation.
What you do in the hours and days after a truck crash shapes the entire case. Medical records, scene documentation, driver and carrier information, and a formal evidence preservation demand are the building blocks that hold a trucking company accountable. In this Truck Talk segment, Jon Hollan covers the steps that protect your health and your claim, why the trucking company’s rapid response team shows up so fast, and what evidence is on a deletion clock from the moment of impact.
Get Medical Attention Immediately
Medical evaluation on the day of the crash is the first priority after a truck crash. Some of the most serious injuries from truck crashes, including traumatic brain injuries, internal organ damage, and spinal cord injuries, do not produce immediate severe symptoms. Adrenaline and shock can mask pain for hours. Anyone involved in a truck crash should be seen by a medical professional the same day, whether or not they feel seriously hurt. Medical records from the day of the crash are also the strongest foundation for documenting the physical consequences of the crash.
Document the Scene If You Are Able
Photograph and video the scene from multiple angles before vehicles are moved, as long as you are physically able to do so safely. Capture the truck’s license plate, the DOT number on the door, and any visible damage to both vehicles. Note the road conditions, any skid marks, the position of the vehicles, and traffic signals or signs. This physical record of the scene is gone within hours once traffic and cleanup crews arrive. The truck’s DOT number connects directly to the carrier’s name, FMCSA safety records, and insurance filings.
Get Driver and Carrier Information
You are entitled to the driver’s name, CDL number, carrier name, and insurance information. Under KRS 189.580, drivers involved in Kentucky crashes must exchange identifying information. Note the name of the trucking company on the truck door, the trailer identification number, and the name of any dispatch or cargo documentation visible in the cab if it can be seen safely. These details determine who the defendants are if a claim becomes necessary.
Do Not Discuss Fault at the Scene
Refuse to speculate about cause with anyone at the scene, and do not apologize or minimize the crash. That applies to conversations with the truck driver, with carrier representatives who may arrive at the scene, and with insurance adjusters who call in the hours after the crash. Anything you say can be characterized as an admission and used against you later. Give law enforcement the factual information it asks for, and decline to assign blame to yourself or to anyone else.
Evidence Preservation Demand
A written demand sent to the carrier creates a legal obligation to hold the truck’s black box data, maintenance records, driver logs, and the vehicle itself, and it puts the carrier on notice that a claim may be brought. As attorney Jon Hollan has explained, a trucking company that destroys evidence after receiving such a demand can face serious legal consequences, including court-imposed sanctions. The Truck Talk on investigations covers what evidence exists and why it has to be secured quickly.
Keep Records of Everything
Keep a complete file of all medical bills, prescription receipts, mileage to and from appointments, time missed from work, and any written communications from the carrier or its insurer. Keep a daily journal noting your symptoms, pain levels, and how your injuries affect your daily activities. That personal account of the physical and practical consequences of the crash captures non-economic damages that medical records alone cannot. For more on what Kentucky law addresses, see our truck accident practice page.
Trucking Company Response Team
Large trucking companies activate accident response protocols the moment a crash is reported. A rapid response team, which may include risk managers, independent adjusters, and defense attorneys, can be on the scene of a serious crash within hours. Their job is to document the scene in a way that protects the carrier, to interview witnesses while the scene is fresh, to photograph damage from angles favorable to the company’s position, and in some cases to take possession of evidence before an injured person has any opportunity to do the same.
The rapid corporate response separates a truck crash from an ordinary car crash. The injured person, often hospitalized and dealing with the immediate physical and emotional aftermath of a severe crash, faces a corporate entity with resources and institutional experience in managing these claims. The steps taken in the hours and days after the crash, from medical documentation to evidence preservation to handling early adjuster contacts, determine how that imbalance plays out. For more on what investigation involves and why the early days decide which evidence survives, visit our Truck Talk on investigations and our truck accident overview.
Frequently Asked Questions
1. What Should I Do First After a Truck Crash If I Am Not Seriously Injured?
Move to safety, call 911, and document the scene with photos if you can. Get the driver’s CDL, carrier name, DOT number, and insurance information. Seek a medical evaluation the same day, even without obvious symptoms, because injuries such as traumatic brain trauma can appear hours later. Under KRS 189.580, drivers must exchange identifying information.
2. Should I Speak With the Trucking Company’s Insurance Adjuster?
Be cautious with any adjuster working for the carrier. Adjusters answer to the carrier, not to you, and they may call within hours of the crash seeking a recorded statement. You are not obligated to give one. A statement made before the full extent of your injuries is known, and before the investigation is complete, can be used to limit what you recover.
3. How Quickly Does Black Box Data Need To Be Preserved After a Truck Crash?
Preserve it as quickly as possible, often within 24 to 48 hours. ECM data on active trucks can be overwritten as the vehicle continues to operate. A written preservation demand sent to the carrier creates a legal obligation to preserve the data and can support a spoliation argument if it is destroyed afterward, as explained in our Truck Talk on investigations.
4. What Records Should I Keep After a Truck Crash?
Keep all medical bills, prescription receipts, mileage logs for medical appointments, records of missed work, and written communications from insurers. A daily symptom journal documenting how your injuries affect your life also captures non-economic damages that medical records alone cannot.
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