Big rig, 18-wheeler, tractor-trailer, and semi-truck traffic accidents pose a greater danger for everyone on our roads here in Illinois and Indiana than in other parts of the country. Why? We simply have more of these big trucks rumbling along our roadways than other states. Illinois and Indiana provide a transportation hub for the rest of the country. We are known as the “Crossroads of America.” For details, read: Illinois and Indiana: Both Top 10 States for Most Truck Crash Fatalities.
The Very Real Danger of Fatal Semi-Truck Crash: 49% Increase Over Past Decade
Sadly, warnings of a continuing trend in fatal truck crashes remain unheeded. As stated in the Truck Safety Coalition (TSC) reported in its July 15, 2024 letter to U.S. Department of Transportation Secretary Pete Buttigieg:
Since the onset of the National Roadway Safety Strategy, one of the only categories of roadway fatalities that continues to increase are those involving large trucks. Latest data indicates nearly 6,000 people are killed and another 160,000 are injured.
Illinois’ internationally renowned safety agency, the National Safety Council (“NSC”), warns us that fatal large truck crashes have jumped 24% in the last ten years. The number of deaths in these truck accidents is even more concerning: the NSC reports truck crash fatalities have risen a shocking 49% in the last 10 years. Read, National Safety Council Injury Facts: Large Trucks.
It is important to recognize this risk and take steps to avoid becoming a statistic in these truck accident studies, of course. It is also imperative both the accident victims and their loved ones know of certain immediate protections to be taken at the accident scene — and within the next 48 hours.
In this article, we will address some of these immediate concerns for those involved in a serious truck crash. In our next article, we will consider things that are vital in the coming weeks and months following the tragic accident.
How Do Loved Ones Learn of the Victim’s Severe or Fatal Truck Crash?
In both Illinois and Indiana, police procedure includes locating and notifying family members that a loved one has been involved in a serious traffic accident. However, all too often worried children, spouses, or parents will find out about the crash after failing to hear from their loved ones and starting their own investigation, calling area hospitals and the like.
This is because law enforcement’s priorities will be making sure of medical transport for those at the accident scene as well as completing their on-site investigation to compile their filed accident report. There are also situations where the hospital is able to contact family members using emergency contact information.
It is also true that in some horrific semi-track crashes, fatalities take time for accurate identification. Wallets or backpacks may not be able to provide much help. Smartphones may take time to access.
When there has been a death involving a semi-truck crash, there will be an official notification in person by a law enforcement officer. It is the kind thing to do. For more, read the Sympathy Booklet offered by the Police Department of Fort Wayne, Indiana.
Immediate Medical Care and Treatment: Going to the Victim
After a serious truck accident, the accident victims are likely to suffer serious bodily harm, such as traumatic brain injuries; spinal cord injuries; trauma to internal organs; fractures; and burns. For all at the scene, the top priority will be to transport these truck crash victims to health care facilities as fast as possible.
Of course, the top priority for loved ones is to get to the victim’s bedside and to talk with doctors about their condition.
However, it is important for loved ones to realize that the facts gathered at this early juncture can be extremely important in later legal claims, especially when there are considerations of fault and legal liability of third parties for the accident and its consequences.
When the doctor gives approval, taking notes of the truck crash victim’s earliest recollections of what happened is a good thing to do. Consider taking video or audio as well as handwritten notes with details that include:
- Road conditions;
- Weather conditions;
- Other traffic on the roadway;
- Any obstacles on the roadway (debris, etc.);
- Problems with the vehicles (e.g., tire blowout; brake failures; etc.);
- Other vehicle’s potential involvement (did another driver’s bad acts cause the crash?);
- Legal violations (think speeding or running a red light);
- Dashcams or other recordings of the event;
- Possible witnesses; and
- Details of what happened in order of events.
Have a designated family member responsible for the safekeeping of this information as well as other facts collected by loved ones (think police report, medical information, invoices, etc.) regarding the accident.
Also, please note that in truck crashes, family members may be far away from Illinois or Indiana. They should consider contacting their local airlines for “compassionate fares” which offer a discount to those rushing to the side of a severely injured family member. There are also “bereavement flights” offered by many airlines for those who are flying in their grief to the site of a fatal truck crash. Read, “Bereavement Fares: 5 Airlines That Still Offer Discounts,” by Erin Vasta and published by US News and World Report on February 1, 2024.
Victims Providing Information at the Scene Regarding the Truck Crash
Immediately after the truck crash, some accident victims may be able to talk or converse with police officers or others at the scene. It is very important for these communications to be given with consideration of the legal ramifications.
Anything said by those at the accident scene can make it into police reports, as well as witness statements, that can be used as evidence in later legal claims for justice filed by the victims and their loved ones.
Emotions will be running high. Fear, anxiety, horror – all these are all too human responses. However, rambling “I’m sorry, I’m sorry,” may be taken by later defense lawyers as admissions of fault instead of compassion. That is just one example.
Be wise in what you say. Consider the following:
- Avoid taking blame (fault is a legal determination);
- Don’t give an opinion (you cannot possibly have all the facts right now); and
- Stop yourself from filling in the blanks with all sorts of details (the police are experts at evaluating an accident scene).
Remember that any statements at the truck crash site will be carefully considered by those wanting to avoid responsibility. All too often, on-site statements are misunderstood – or intentionally misinterpreted.
The First 48 Hours After Catastrophic Truck Crash Accidents in Illinois and Indiana
Notice that the top recommendations that we provide here do not include talking with a truck crash attorney to discuss legal rights and remedies. That is because the focus of these first 48 hours must be on the injured victims and their loved ones getting the help and support they need.
It is not surprising to find that it can take almost two days’ time for family members to learn of a severe truck crash on a roadway here in Illinois and Indiana and be able to coordinate their travel and actually get to their loved one.
There are legal deadlines for pursuing justice here. There will be time to make sure these deadlines are met.
However, it is equally important that no insurance adjuster or trucking company representative take advantage of this emotional and overwhelming time. Trucking accidents have standard protocols in place; carriers expect a certain number of truck crashes and have plans on how to deal with them. The faster they can start working to limit their monetary liability, or find ways to deny any responsibility, the better from their perspective.
Accordingly, large truck crash victims and their loved ones who are asked to give information – especially a recorded statement – by a company representative or an insurance adjuster should be very, very wary.
Providing this information after you have had a chance to learn your legal rights and have an advocate at your side is acceptable, warranted, and judicious.
For more on fatal truck crashes, read:
- Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations
- Chicago Truck Accidents: Liability after Serious Chicagoland Semi-Truck Crash
- Semi-Truck Crashes: Why Tractor-Trailer Trucks Are So Dangerous
- Semi-Truck Crashes: Who Can Be Held Legally Responsible for Commercial Trucking Accidents in Indiana and Illinois?
- Shocking New Fatal Crash Statistics: 52% Jump in Deadly Commercial Truck Crashes
- Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois
- Tire Blowout Crashes Are Highest Risk in Summer: Real Dangers of Tires Causing Car Crashes and Semi Truck Wrecks in Hot Weather
- Fatal Truck Crashes and Semi Truck Brake Failures.
Truck crashes are a great danger for everyone on the roadways of Indiana and Illinois. Having information on what to do in the event of a serious truck accident can be extremely significant in the protection of the rights of the accident victims and their loved ones. Allen Law Group defends injured victims of serious truck accident injuries in Chicago, Hammond, Fort Wayne, Merrillville, Elkhart, South Bend and almost anywhere in Illinois or Indiana. Please be careful out there!
