What to do after a truck crash that injured you — steps to file a claim in New Hampshire
Disclaimer: This is general information, not legal advice. For advice specific to your situation, consult a licensed New Hampshire attorney.
Detailed Answer
If a truck hit you and caused injury, you have several parallel paths to protect your rights and pursue compensation. Below is a clear, step‑by‑step overview of how claims typically proceed in New Hampshire and what rules and deadlines to watch.
1. Immediate steps at the scene and after the crash
- Get to safety and call 911. Request medical care even if injuries seem minor — some injuries worsen later.
- Ask police to come and make a crash report. Official crash reports record facts that help later when filing claims.
- Collect basic evidence: photos of vehicles, road conditions, skid marks, traffic signs, visible injuries, and contact details for the truck driver, truck company (if visible), and any witnesses.
2. Seek and document medical treatment
Document all medical visits, tests, diagnoses, treatments, prescriptions, rehabilitation, and missed work. Medical records and bills are the core evidence of injury and damages.
3. Notify insurers promptly
Report the crash to your auto insurer right away. If the other vehicle is a commercial truck, it is likely covered by a commercial auto policy; obtain the insurer’s contact info from the truck driver or company. Do not give recorded statements or sign releases without understanding the effect.
4. Determine who to make a claim against
- Truck driver — for negligence such as speeding, distracted driving, driving while fatigued, or driving under the influence.
- Truck company/employer — often liable under “respondeat superior” if the driver was on the job. Federal trucking rules (FMCSA) can create employer responsibilities for hours, maintenance, and driver qualification.
- Vehicle or parts manufacturers — if a mechanical defect or maintenance failure contributed.
- Government entity — if a hazardous road condition contributed and a public driver or municipality is involved; different notice rules may apply.
5. Insurance claim vs. lawsuit
Most claims begin with an insurance claim. You submit medical records, bills, wage-loss documentation, and a demand for compensation. Insurance companies will investigate and may make settlement offers. If the insurer denies full compensation or delays unreasonably, you may file a lawsuit.
6. Time limits (statute of limitations)
New Hampshire limits the time you have to file a civil lawsuit for personal injuries. If you wait too long you may lose the right to sue. For details of the applicable statute and any exceptions, consult the New Hampshire Revised Statutes or an attorney. You can browse the state statutes here: New Hampshire Revised Statutes Annotated (RSA). Consider contacting an attorney quickly to preserve your rights.
7. Comparative fault and how fault affects recovery
If you were partly at fault, New Hampshire law reduces your recoverable damages by your percentage of fault. That means if you are found 20% at fault, your damages award would be reduced by 20%.
8. Damages you can seek
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering and emotional distress
- Property damage (repair or fair market value)
- In severe cases, punitive damages (limited and fact‑specific)
9. When to contact an attorney
You should consult a New Hampshire personal injury attorney if:
- Your injuries are significant, require surgery, or likely have long‑term effects.
- The other side denies fault or blames you.
- A commercial truck or company is involved (those claims often involve complex evidence, maintenance logs, driver logs, and federal rules).
- A government entity might be responsible (special notice rules often apply).
10. Typical timeline
· First days–weeks: medical care, police report, immediate insurance report, evidence gathering.
· Weeks–months: insurer investigation, negotiations, possible settlement offers.
· Months–years: if settlement fails, file a lawsuit, discovery (gather records), mediation or trial. Timelines vary by case complexity.
11. Evidence common in truck crash claims
Maintenance records, driver logs (for commercial trucks), black box/Electronic Logging Device (ELD) data, dashcam or CCTV footage, witness statements, accident reconstruction, and your medical records all strengthen a claim. Federal trucking regulations (Federal Motor Carrier Safety Administration — FMCSA) can be relevant for employer liability; see FMCSA.
Key New Hampshire resources
- NH Revised Statutes (search statutes): https://www.gencourt.state.nh.us/rsa/html/
- NH Department of Safety / motor vehicle information and crash reporting: https://www.nh.gov/safety/
- NH Insurance Department (claims and insurer contact guidance): https://www.nh.gov/insurance/
- NH Judicial Branch (filing civil suits and court procedures): https://www.courts.state.nh.us/
Helpful Hints
- Preserve evidence: keep all medical bills, doctor notes, prescription labels, repair estimates, photos, and communication with insurers.
- Be careful with recorded statements to the other party’s insurer — consult an attorney before giving formal statements if injuries are serious.
- Write down your memory of the crash as soon as possible while details are fresh (time, weather, what you saw, what you felt).
- Keep a daily journal of pain, limitations, and activities you can’t do — this supports claims for pain and suffering.
- Ask whether the truck is a commercial vehicle. Commercial carriers often have higher insurance limits, but claims can be more complex.
- If a government vehicle or road condition contributed, ask an attorney about notice requirements and special deadlines for suing public entities.
- Contact a personal injury attorney early — most offer free consultations and work on contingency (no fee unless you recover).
- Act early to protect your rights; waiting can destroy evidence and jeopardize statutory deadlines.