Every single day, automotive accidents occur all around the United States, a lot of which occur on the interstate. Due to the nature of interstate travel, it is not the automotive driver that is the most vulnerable to an accident — contrary to what one might think. Driving a truck can be more dangerous, as the driver must be even more vigilant and responsive than that of the typical automotive operator. If you are involved in a trucking accident, things will move quickly, making it extremely important to adhere to the following post-accident steps provided to you by your Memphis accident injury attorney, the Porter Law Firm.
Call 911
The first thing that you should always do after you have been involved in a truck accident is to call 911 so that both you, and the others involved in the accident can be assisted and evaluated by both police and medical staff. Oftentimes, even if you do not immediately feel hurt from the jarring of the crash, you may later develop symptoms of injury, making it important that you are evaluated by a trained medical professional immediately. While you might immediately feel compelled to contact your local Memphis auto accident lawyer or truck accident attorney, it is imperative that you follow the next few steps closely before making the call.
Stay At The Crash Scene & Record The Accident
Once the authorities have been called, it is time to stay at the scene of the crash and check the other people involved in the accident for injuries. If they have superficial injuries like cuts and bruises, you may help them exit their vehicle, but if they complain about back pain it is wise to leave them be until the medical professionals arrive. Once all parties are accounted for, you may now begin to document the accident.
Documenting the accident should be done immediately after it is apparent that nobody is in any immediate dangers, as the longer the accident sits, the faster that evidence may disappear. Vehicles may be moved, tire marks might fade as traffic begins to once again move over them, and other debris that could suggest the cause of the accident could be picked up. Because of this, it is important to take plenty of pictures and videos of the vehicles involved in the trucking accident to ensure that if any evidence is lost, you will still have access to it.
Call Your Local Memphis Attorney For Legal Representation
Once things are sorted out at the scene of the trucking accident, and you have sought medical attention, it is time for you to seek legal aid from your local Memphis trucking accident attorney, the Porter Law Firm. Matthew Porter is extremely experienced and well-versed in trucking accident cases here in the Memphis area and will provide you with a free, no-obligation, consultation in regard to your case.
What Do You, As The Truck Driver, Need To Worry About?
Oftentimes one of the first things we are asked in the initial consultation with a truck driver that has been involved in an accident is, “Am I responsible? Or is my employer?” Luckily, it is fairly black and white. Under Respondeat Superior, a theory that holds a company liable for an accident caused by an employee, the employee is responsible for the legal ramifications of the accident as long as the acts committed by the employee were unintentional — i.e. the truck hit black ice, and as a result slid into other vehicles, thus causing an accident.
If the accident was caused as a result of a deliberate act of the truck driver, it may not be considered by the court to be at the fault of the company. Considerations must be taken such as:
- The intent of the employee
- The employee’s conduct at the time of the event
- The employee’s intended role at the company
- The amount of earned “freedom” granted to the employee
After examining the above scopes of employment, the court system will be better able to determine the liability of the employee versus the liability of the company.
Trucking & Automotive Accidents Are Tricky, Let Porter Law Firm Help
If you have been involved in a trucking accident, contact the experienced trucking and auto accident attorneys at the Porter Law Firm in Memphis, TN. After a free, no-obligation consultation we will work tirelessly to ensure that you are not wrongfully punished for your involvement in a trucking accident or incident. Contact us today for more information.