The Short Answer
After a truck accident in Indiana, your first priority is to stay calm, check yourself and others for injuries, and get to a safe place if you can. Call 911 right away so police and medical responders are on the scene. Even if you feel okay, it’s important to seek professional medical care. At the scene, exchange insurance and contact details with the truck driver and others involved, and start gathering evidence such as photos, video, witness information, and eventually the police report. Notify your insurance company, but be careful not to discuss fault. Stay off social media to avoid hurting your case, and reach out to an Indiana truck accident lawyer who can guide you through the next steps.
Key Takeaways
- Move to safety and call 911.
- Seek medical attention immediately, even if you only have minor injuries.
- Exchange insurance and contact information with the other party, but don’t admit fault.
- Start collecting evidence like pictures, videos, and witness accounts.
- Be careful talking to insurance companies and avoid posting to social media.
- Talk to an experienced Indiana truck accident lawyer who can help you deal with insurance and pursue all the compensation you are legally owed.
Table of Contents
What To Do Immediately After the Accident
1. Stay Calm and Ensure Safety
Your first priority after a semi-truck accident is to stay calm and check for injuries. Take a deep breath and try not to panic. If you’re on a highway or busy road, and if it’s safe to do so, move yourself and any uninjured passengers to a safe area away from traffic.
If your vehicle is drivable, you can pull it to the side of the road and turn on your hazard lights to warn other drivers. If anyone is seriously hurt or trapped, do not move them; wait for emergency responders.
2. Call 911 To Get Police and Medical Help
Call 911 as soon as you can.
In Indiana, you’re legally required to notify law enforcement immediately if someone is injured or if property damage exceeds $1,000. The police will arrive to secure the scene and create an official accident report.
When talking to the police, stick to the facts of what happened and do not admit fault or apologize. Simply explain the circumstances as clearly as you can. Getting an official police report filed is crucial, so cooperate with the officers and make sure your account is recorded.
3. Seek Medical Attention Immediately
Perform basic first aid if you’re able. Even if you feel okay or have only minor pain, get a medical evaluation as soon as possible. After calling 911 for an ambulance, paramedics can check you out at the scene, and if they recommend going to the hospital, do it.
Don’t worry about the cost right now–your health is the top priority, and having medical records will also show that your injuries were caused by the accident. This medical evidence is vital if you pursue a personal injury lawsuit later. If you don’t get examined immediately, make sure to see a doctor within the next day or two at the latest.
4. Exchange Information with the Truck Driver and Others
After calling 911, if you are not too injured, exchange information with the truck driver and any other drivers involved. This includes:
- Names and contact information (phone number, address)
- Driver’s license numbers and license plate numbers
- Insurance company names and policy numbers
- Vehicle description and Vehicle Identification Numbers (VINs)
- For the truck driver, also note the trucking company name (often displayed on the truck or trailer) and any commercial truck identifiers (such as a USDOT number).
As you talk with others at the scene, keep the conversation polite and brief–do not discuss details of what caused the accident at this time and do not admit fault (even casual remarks like “I didn’t see you” can be used against you later). Simply ensure everyone is okay and exchange the necessary information for insurance purposes.
5. Gather Evidence at the Scene
If you’re able, start documenting the accident scene thoroughly. Use your phone to take pictures and even video from multiple angles:
- The position of all vehicles after the crash (your car, the semi-truck, and any others)
- Damage to vehicles (close-ups of damage and wide shots of the entire scene)
- Skid marks, debris, or spilled cargo on the road
- Traffic signs, signals, or road conditions (like ice, rain, or potholes) that might have contributed to the crash
- Any visible injuries to yourself or others
- The truck’s license plate and any company logos or markings
- Testimonies from witnesses on the scene, and their contact information
If there were any road or traffic cameras nearby, note that as well (your attorney may later be able to obtain footage). Try to write down or record everything you remember about how the crash happened while it’s fresh in your mind.
6. Watch What You Say—Don’t Admit Fault
Stay calm and choose your words carefully.
Avoid yelling, blaming others, or apologizing for the accident. Even if you feel you may have contributed to the crash, do not admit fault at the scene. Don’t say anything close to it. Even a simple “I’m sorry” could be the end of your chance for compensation.
Indiana uses a modified comparative fault system, which means blame can be shared by parties. If you are found more than 50% at fault, you could lose your right to recover compensation. Be truthful when speaking with police, but stick to the facts.
7. Avoid Posting on Social Media
Don’t post anything regarding the accident on social media.
It’s best to keep details of the crash private and only discuss them with police, medical professionals, and your attorney. You can let close family know you’re safe, of course, but avoid public posts or sharing photos/videos publicly because that content can be used against you.
Steps To Take in the Days Following the Accident
After the chaos of the crash itself, you will still have many important tasks in the next few days. Once you are safe and have received any needed emergency care, focus on the following steps in the 24-48 hours after the accident:
1. Continue Medical Care and Follow Up
After you see a doctor, follow all medical advice and treatment plans you’re given. This might include taking medications, resting, seeing a specialist, or going to physical therapy. And make sure to follow up with your doctor. All of this helps create evidence that can strengthen a lawsuit after a crash.
Sometimes injuries like concussions or soft-tissue damage might appear a day or two later. If that happens, return to the doctor and get checked out so the evidence can be linked to the accident.
2. Notify Your Insurance Company
Report the accident to your own auto insurance company within 24 to 72 hours (as soon as reasonably possible), since most policies require prompt notification. When you talk to your insurer, stick to the basic facts of what happened, such as:
- Where and when the accident occurred
- The parties involved
- That the police were called, and a report was made
Provide information, but do not give a recorded statement. If they ask to record your call or press you for details, politely decline. Do not speculate about fault either. Insurance adjusters have many tricks they use to minimize payouts.
If you’re worried about talking to any insurer, an attorney can talk to them on your behalf.
3. Obtain the Police Accident Report
The police report filed at the scene will be an important document if you want to pursue a truck accident lawsuit. In Indiana, once the report is ready (usually within 5-10 business days for a minor crash), you should get a copy for your records.
There are a couple of ways you can do this:
- Request a report from the Indiana State Police through BuyCrash. You’ll need the date of the accident, names of those involved, and the report number if you have it. To download the report, you will have to pay a small fee, which is typically around $12.
- Visit the law enforcement agency in person to request a copy of the report from their records division. Usually, they charge a small fee of around $5-15.
The police report will contain the officer’s findings, a diagram of the crash, and notes on factors like weather or road conditions. This official report provides an objective third-party account of the accident, which can be strong evidence that verifies the facts for insurance claims and lawsuits.
What If a Police Officer Didn’t Come to the Scene?
If a police officer did not come to the scene (for example, in a very minor accident), Indiana law requires that you self-report the crash. You must submit an accident report to the Indiana Bureau of Motor Vehicles (BMV) within 10 days for any accident involving injury, death, or significant property damage. A lawyer can help you file the required forms if you need help.
4. Keep Detailed Records of Everything
Start a folder (physical or digital) for all your accident-related documents. This should include:
- The police report
- Medical records, hospital discharge papers, and all injury-related bills
- Receipts for accident-related expenses (medications, medical equipment, travel costs, etc.).
- Car repair estimates, receipts, or evidence that your car was totaled
- Proof of lost wages or income
- A daily journal of your health and recovery
- Letters, emails, and phone logs from conversations with adjusters
- Your own detailed account of the accident
5. Be Cautious with Insurance Adjusters and Settlement Offers
After a serious semi-truck accident, you may hear from the trucking company’s insurance adjuster surprisingly soon—sometimes even while you are still recovering. They might ask for your version of events or even offer an early settlement. Be very careful in these dealings:
- You are not required to give the other party’s insurance a statement. It’s usually best to decline politely. Anything you say to them can be used against you later.
- Do not accept any quick settlement offer without consulting a lawyer. Early offers are often “lowball” amounts that may not fully cover your losses. The insurance company’s goal is to minimize their payout, and they might hope you’ll take money now rather than pay the full amount you are legally owed.
- Similarly, do not sign any documents from the insurance company without understanding them completely. It’s best to consult a lawyer before signing anything related to your accident.
- If an insurance adjuster (either yours or the trucking company’s) is pressuring you, send them to your attorney, who can deal with them effectively.
Remember, insurance companies are not on your side–no matter how sympathetic or friendly an adjuster may sound, their job is to save the company money. Talking to them carefully, or better yet, having an attorney deal with them, can equalize the playing field and protect your right to seek compensation.
6. Consult an Indiana Truck Accident Lawyer
Truck accidents can be much more complex than a regular car accident, so it can be beneficial to speak with an experienced attorney soon after the crash. A lawyer will know how to deal with the trucking company and their insurance, and they can advise you on your rights and options moving forward.
At The Ken Nunn Law Office, we offer free consultations and work on a contingency fee, which means you pay nothing up front and only pay if we win compensation for you.
How an Indiana Truck Accident Lawyer Can Help You
An attorney can promptly investigate the crash, obtain the truck’s “black box” data, driver logbooks, maintenance records, and other evidence that might be hard for you to get on your own.
As discussed, insurance adjusters may try several tricks to get you to settle quickly for less. Our team of lawyers knows these tactics, and we can negotiate aggressively on your behalf for a fair settlement.
When you hire an attorney, we can deal with the insurers. And if they call you, direct them to contact your lawyer. We won’t let them win.
As part of the investigation, we will evaluate all of your losses after the accident. This includes obvious things like medical bills and property damage, but also less obvious things like future medical expenses, lost future earnings, and non-economic damages for your pain, suffering, and reduced quality of life.
As part of the process, we will work with medical experts and other field specialists so we can maximize the compensation you may be owed.
In Indiana, the statute of limitations for personal injury is generally 2 years from the date of the accident. If a truck accident lawsuit isn’t started by then, you could lose your right to pursue compensation.
Your attorney can make sure all paperwork (insurance claims, court filings, etc.) is done correctly and on time, so you don’t miss any critical deadlines. And if we need to take your case to court, we’ll take care of all of that paperwork too.
Ultimately, having a respected Indiana truck accident attorney tells the trucking company and their insurer that you mean business.
If the insurance company refuses to offer a reasonable settlement, your attorney can start a truck accident lawsuit on your behalf and take the case to court. Having an attorney who can advocate for you in front of a jury (if needed) often encourages insurers to settle more fairly, because they know you’re prepared to fight for your rights.
Get Help for Your Case–Schedule a Consultation
In summary, talking to a lawyer soon after the accident can protect you from mistakes and significantly improve your chances of getting the compensation you deserve. Remember, it costs nothing upfront to hire a personal injury lawyer from The Ken Nunn Law Office for a truck accident case. We offer free consultations and work on contingency, so you don’t owe us anything unless we win.
