Being in an accident is a hard event for some to process, but there are things that a professional truck driver must do in order to make it through the fast-moving process that happens afterward. You have a duty to make sure everyone is ok, collect as much information as possible, and cooperate with authorities, not only protect yourself, but the other parties involved as well.
Just to be clear, I’m not an attorney nor claim to be one. I’m just a trucker with a lot of experience and have seen how easy it is to get yourself spun around and fall into a legal trap.
Don’t say it was your fault, but do not say it wasn’t your fault either.
The first and greatest piece of advice is to not say too much at the scene of an accident. One word, true or false, can mean the difference between an easy day with the legal representatives or a long-drawn-out civil trial with millions of dollars on the line.
Let the law enforcement investigators do their job and only provide absolute, unmalleable facts to them, no opinions. If anything bothers you when talking to the police, you have the right to have an attorney.
Go get a drug test, even if the police say you don’t need one
While it is most companies’ policy to go have an after-incident drug test after any kind of DOT-reportable crash, those that are independent truckers should go and have one performed as well. Remember, there is a big difference between a civilian drug screening and a DOT drug test.
One of the first things that the opposing legal team will want to know is what was in your system at the time of the crash. Having results from a drug screening as soon as possible after a crash helps set up your legal standing.
Having an after-incident kit in your truck is as important as your legal documents
I know, I know, 35 mm cameras are almost dead, but they still have their uses. Everyone should have an after-incident kit in their truck, preferably with your legal documents so it is easy to get to when you need it.
An easy way to get everything you need is to pick up a J.J. Keller Accident Compliance Kit. They are priced at around $45 at almost every truck stop brand and contain everything you and your legal team would need to prepare a solid case.
Covering your butt in an incident is something that drivers should think about. In these crazy legal times, avoiding the next nuclear verdict can mean the difference between continuing your trucking career or a lifetime of debt repayment.
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