How to File a Truck Accident Claim If You’re Not at Fault

A truck accident can disrupt your life in an instant. You may be dealing with severe injuries, rising medical bills, missed time at work, and uncertainty about the future. At the same time, crucial evidence can fade quickly. Skid marks can wash away, vehicles may be repaired, and witness memories often become less reliable. Insurance companies and trucking carriers may also try to deny or limit claims if documentation is incomplete.

During this difficult time, you do not have to manage everything alone. Marcari, Russotto, Spencer & Balaban can step in to handle communications, gather evidence, and guide you through the claims process. With decades of experience helping injury victims across Virginia, North Carolina and South Carolina, our team is committed to protecting your rights while you focus on recovery.

What to Do After a Truck Accident if You’re Not at Fault

The first moments after a truck accident are critical for your safety and for protecting your potential claim. Even if you are not at fault, what you do right away can affect the outcome of your case. The following steps can help you protect your health, preserve evidence, and support your legal rights.

Check for Injuries and Call 911

Your first priority is safety. Check yourself and others for injuries, and call 911 if anyone is hurt. Emergency responders will provide medical attention and create records that connect the injuries to the accident. Police officers will also prepare a report, which becomes an important piece of evidence in your claim. Without immediate medical care, it may be harder to prove that your injuries were caused by the crash.

Exchange Information and Speak to Witnesses

Ask the truck driver for their name, driver’s license number, insurance details, and employer information. Collect contact information from any witnesses who saw the crash. Witness statements can help confirm what happened and support your version of events. Liability in truck accidents is sometimes complex and may involve the driver, the trucking company, or other parties connected to the vehicle.

Document the Accident Scene

Use your phone or another device to take photos of the vehicles, skid marks, debris, road and weather conditions, and any nearby signs or traffic signals. Photograph your injuries as well, and consider taking additional photos later to show how they progress. Record the time and date of the photos. These details help preserve evidence that may be useful if the accident is reconstructed later.

Be Careful What You Say to Insurers

Avoid apologizing or guessing about what caused the crash. Do not give a recorded statement to the trucking company’s insurance adjuster without first consulting a truck accident lawyer. Your insurance policy may require limited cooperation, but it’s best to speak with an attorney before sharing details, even with your insurer, to keep your rights protected. Insurance companies can use your statements to reduce the value of your claim.

Seek Medical Care Right Away

Get medical care as soon as possible, even if your injuries seem minor at first. Some conditions, such as whiplash, spinal injuries, or traumatic brain injuries, may not show symptoms right away. Medical visits create records that connect your injuries to the accident. Follow your doctor’s treatment plan and keep track of all appointments, prescriptions, and therapy sessions.

Notify Your Insurance Company

Report the accident to your insurance company as soon as possible. Share only the basic facts, such as when and where the crash happened. Avoid giving a detailed narrative or admitting fault. Keep copies of all communications with your insurer and any adjusters who contact you.

Keep Records of Expenses and Medical Bills

Save all invoices, receipts, and bills related to the accident, including medical care, prescriptions, therapy, rehabilitation, vehicle repairs, and lost wages. Keep these records organized in a file or digital folder. This documentation will be important evidence when it is time to calculate your losses and present your claim.

Contact a Truck Accident Lawyer for Legal Guidance

A truck accident lawyer can review your case under state law, evaluate the evidence, and handle communications with trucking companies and insurers. They can explain the statute of limitations and guide you through the entire truck accident claim process, from gathering records to pursuing fair compensation. Many law firms offer free case evaluations so you can better understand your legal options.

At Marcari, Russotto, Spencer & Balaban, our attorneys have decades of experience helping accident victims in Virginia and the Carolinas. We take on the burden of dealing with insurance adjusters and trucking companies so you can focus on recovery. Our team is committed to protecting your rights and pursuing the compensation you may be entitled to under the law.

How to File a Truck Accident Claim If You’re Not at Fault

Filing a truck accident claim usually involves collecting evidence, identifying liability, and working with insurance companies. These key steps outline the process:

• Report the accident to law enforcement and request a copy of the police report.
• Seek medical treatment right away, even if your truck accident injuries appear minor.
• Gather photos, videos, and witness statements from the scene. An attorney can send a legal notice to the trucking company requesting that key records be preserved. These records are often retained for a limited time under federal regulations and may be lost without prompt legal action.
• Notify your insurance company promptly and provide only basic details.
• Decline recorded statements from the trucking company’s insurer without legal guidance.
• Determine who may be liable, which could include the driver, trucking company, maintenance provider, cargo loader, or manufacturer.
• Document medical bills, lost wages, property damage, and other accident-related costs to show the extent of your losses.
• File your claim according to insurer requirements and deadlines, keeping in mind the statute of limitations in your state.
• Review any settlement offers carefully and allow your attorney to negotiate on your behalf.

At Marcari, Russotto, Spencer & Balaban, our attorneys help clients navigate each of these steps with guidance and support. From gathering evidence to handling settlement negotiations, our team works to protect your rights and reduce the stress of the process so you can focus on recovery.

Who Can Be Held Liable in a Truck Accident Claim?

Several parties may be legally responsible for a truck accident, depending on the circumstances:

• Truck driver: Negligence such as distracted driving, fatigue, or impairment.
• Trucking company: Unsafe hiring practices, poor training, or scheduling that encourages unsafe driving.
• Cargo loaders: Failing to secure loads properly.
• Maintenance providers: Neglecting inspections or repairs.
• Manufacturers: Defective vehicle parts or design flaws.

Identifying liability can be complicated, especially when more than one party is involved. A truck accident lawyer can review records such as driver logs, black box data, and maintenance reports to determine who is at fault.

At Marcari, Russotto, Spencer & Balaban, our attorneys investigate each case thoroughly to uncover all potentially responsible parties. By handling the legal details, we help victims focus on their recovery while we work to build a strong claim on their behalf.

Evidence That Strengthens a Truck Accident Claim

The following types of evidence are often critical in proving fault and damages after a truck accident:

• Police reports: Official documentation from law enforcement.
• Accident scene photos and videos: Images of vehicles, road conditions, and injuries.
• Medical records and bills: Proof of injuries and the cost of treatment.
• Eyewitness statements: Accounts that support what happened.
• Black box data: Information from the truck’s event data recorder.
• Driver logs and employer records: Details about hours of service and trucking company oversight.
• Maintenance reports: Records showing whether the truck was properly inspected and repaired.

A truck accident lawyer can help gather and preserve this evidence before it is lost or destroyed.

At Marcari, Russotto, Spencer & Balaban, our team acts quickly to secure crucial records and documentation. By handling these steps, we give victims the ability to concentrate on healing while we work to build a strong claim.

Damages You May Recover After a Truck Accident

Victims of truck accidents may be entitled to pursue compensation for:

• Medical expenses: Costs of hospital care, doctor visits, prescriptions, therapy, and future treatment.
• Lost income: Wages missed during recovery and reduced earning capacity in the future.
• Property damage: Repair or replacement of your vehicle and other damaged items.
• Pain and suffering: Physical pain caused by the accident and treatment.
• Emotional distress: Anxiety, depression, or trauma following the crash.
• Loss of enjoyment of life: The impact on daily activities and quality of living.

Calculating damages requires careful documentation and a clear presentation of how the accident has affected your life. An attorney can connect medical records, employment records, and financial evidence to show the full extent of your losses.

At Marcari, Russotto, Spencer & Balaban, our attorneys guide clients through this process and advocate for fair compensation. We handle the details of gathering proof and presenting your case so you can focus on recovery.

State Fault Laws That Impact Truck Accident Compensation

Virginia and North Carolina

Virginia follows the contributory negligence rule, which means that if you are even 1% at fault for the accident, you may be barred from recovering compensation. Victims generally have two years to file a personal injury lawsuit under Virginia Code § 8.01-243.

North Carolina

North Carolina also applies contributory negligence. If you are found to share any portion of fault, you may be prevented from recovering damages. The state allows three years to file a personal injury claim under North Carolina General Statutes § 1-52.

South Carolina

South Carolina follows a modified comparative negligence standard with a 51% bar. You can recover compensation if you are less than 51% at fault, but your recovery is reduced by your percentage of fault. The deadline for filing a personal injury claim is three years under South Carolina Code § 15-3-530.

A truck accident lawyer can help explain how these laws apply to your case and work to counter unfair fault claims. At Marcari, Russotto, Spencer & Balaban, we guide clients through these state-specific rules and focus on protecting their right to seek compensation.

What Factors Can Affect the Outcome of a Truck Accident Claim

Several issues can influence the value and outcome of a truck accident case:

• Strength of evidence: Police reports, photos, medical records, and witness statements.
• Severity of injuries: More serious or long-term injuries often increase the impact of a claim.
• Insurance policy limits: The amount of available coverage can cap recovery.
• Legal representation: Having a lawyer improves the presentation of evidence and negotiations with insurers.
• Road and weather conditions: These may affect liability and how fault is assigned.
• Truck records: Driver logs, hours of service, and maintenance history can reveal negligence.

An attorney can evaluate these factors, explain how they apply to your case, and build a strategy tailored to your circumstances. At Marcari, Russotto, Spencer & Balaban, we help clients address these challenges and pursue the strongest claim possible under the law.

Why Choose Marcari, Russotto, Spencer & Balaban

Marcari, Russotto, Spencer & Balaban is dedicated to supporting truck accident victims across Virginia and the Carolinas. Our attorneys understand federal and state trucking laws, and we use that knowledge to guide clients through every stage of a claim.

Contingency Fee Representation

We represent clients on a contingency fee basis, which means you do not pay attorney’s fees unless we recover compensation on your behalf. This arrangement allows accident victims to access legal representation without the burden of upfront costs.

Free Consultations and 24/7 Support

We offer free initial consultations to answer your questions and explain your legal options. Our team is available 24/7 to provide support and guidance whenever you need it. From the moment you contact us, we focus on making the process as accessible and straightforward as possible.

At Marcari, Russotto, Spencer & Balaban, our goal is to handle the legal challenges so you can focus on recovery.

Testimonials

“I am so very pleased with the handling and outcome of my case! The lawyers and assistants are very knowledgeable and pleasant as well! Especially Vickie! She was absolutely fantastic! Great turn around time on my settlement! Thanks so much Marcari Law Firm!” — Sharron L.

“I had a great experience working with this law firm after my car accident. They were professional and made sure everything was handled properly from start to finish. Even when things felt overwhelming, they kept things moving and got the job done. I’m truly grateful for their support and would definitely recommend them to anyone needing help after an accident. Thank you again for your hard work and dedication!” — Cierra N.

Frequently Asked Questions

Do I Have to Call the Police After a Truck Accident?

State laws generally require you to contact law enforcement if the accident involves injuries, fatalities, or property damage above a certain amount. The police report documents crucial details and often becomes a vital piece of evidence for your claim.

Will My Insurance Rates Go Up if I Wasn’t at Fault?

Some insurance companies may raise premiums even if you were not responsible for the accident. Policies and practices vary, so it is important to review your coverage and speak with your insurer. An attorney can also help explain how your claim might affect your policy.

What Should I Do if the Other Driver Doesn’t Have Insurance?

If the at-fault truck driver lacks insurance, you may be able to use your own uninsured or underinsured motorist coverage to cover medical expenses, lost wages, and property damage. If this coverage is not available, your lawyer may explore legal options against the driver, the trucking company, or other responsible parties.

Schedule Your Free Case Review With an Experienced Truck Accident Attorney

A truck crash can leave you or a loved one facing painful injuries, lost income, and pressure from insurance companies. These challenges make it difficult to focus on recovery while also protecting your rights. You do not have to go through this alone.

Working with a personal injury lawyer can help you understand how insurance laws and policy limits apply to your personal injury case. An attorney can also build evidence to support your claim, communicate with insurers on your behalf, and pursue a fair settlement for the bodily injury and financial losses you have suffered.

Our law firm is committed to helping truck accident victims across Virginia and the Carolinas. Contact us today at 855-435-7247 or fill out our contact form to schedule a free consultation with an experienced personal injury attorney who will listen to your story and guide you through the next steps.