FastCounsel

1. First priorities after the crash

1. Get medical care immediately. Your health comes first. Prompt medical records also document your injuries for a claim.
2. Call police and get a crash report. Make sure a responding officer creates an official report. In Rhode Island you can also request crash-report information from the local police department or the DMV (https://www.dmv.ri.gov/).
3. Preserve evidence. Take photos of the vehicles, damage, road conditions, skid marks, traffic signs, injuries, and anything that may have contributed to the collision. Keep clothing and equipment that show damage.
4. Collect contact and vehicle information. Get the truck driver’s name, employer, insurance information, vehicle registration, license plate, and Commercial Driver’s License (CDL) number if available. Collect contact details for witnesses.
5. Avoid detailed recorded statements to the other side’s insurer without advice. Insurers often record statements to limit or deny claims. Give only basic facts and get legal advice before detailed statements.

2. Who can be responsible in a truck crash?

Trucking incidents often involve multiple potentially responsible parties:

• The truck driver (negligent driving, intoxication, fatigue).
• The trucking company or vehicle owner (employer liability if the driver acted within scope of employment).
• Maintenance providers or vehicle manufacturers (defects or poor repairs).
• Cargo loaders or shippers (improper loading or shifting cargo).

Because commercial trucks operate under federal safety rules, investigators will often request driver logs, maintenance files, fuel and inspection records, and the trucking company’s insurance coverage. Federal Motor Carrier Safety Administration (FMCSA) rules may affect liability and evidence; see FMCSA regulations: https://www.fmcsa.dot.gov/regulations.

3. Insurance claims: first-party and third-party paths

There are two common claim routes:

• Third-party claim against the at-fault party’s liability insurance. If the trucking company or driver caused the crash, you file a claim with their commercial liability insurer. Commercial policies often have higher limits than personal auto policies.
• First-party claim with your own insurer. If you have uninsured/underinsured motorist (UM/UIM) coverage or medical payments/PIP, you may make a claim with your own carrier to cover immediate medical bills and losses while a third-party claim proceeds.

Notify your own insurer promptly as required by your policy. Send a written notice to the trucker’s insurer and preserve all correspondence. Keep copies of medical bills, wage-loss documentation, repair estimates, and receipts for out-of-pocket expenses.

4. Timing: Rhode Island lawsuit deadline

Rhode Island law imposes a time limit for filing most personal injury lawsuits. Under R.I. Gen. Laws § 9-1-14, actions for injuries to the person generally must be commenced within three years. You can read the statute here: R.I. Gen. Laws § 9-1-14.

Missing that deadline can bar your right to recover in court. Do not assume you have “plenty of time.” Start the claims process promptly so you preserve evidence and meet procedural deadlines. Other special rules can change deadlines (for example, claims against governmental entities), so check any unique circumstances early.

5. Evidence and investigation you should seek

To build a strong claim, gather or request:

• Police crash report and photos.
• Medical records and bills, emergency room reports, and physician notes.
• Photographs and videos from the scene and vehicle damage.
• Witness statements and contact information.
• Trucker’s hours-of-service logs, electronic logging device (ELD) data, maintenance records, and insurance information (often available from the trucking company or via subpoena during litigation).

6. Negotiation, demand, and lawsuit

1. Demand package: After you gather records, you or your attorney can send a written demand to the insurer summarizing liability, injuries, and damages with supporting documentation.
2. Settlement negotiations: Many claims resolve by negotiation. Insurers may make early offers; evaluate them against your actual and future damages.
3. Filing suit: If negotiations fail, you can file a civil action in Rhode Island Superior Court. See Rhode Island Superior Court information at: https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx. Remember the three-year limit under R.I. Gen. Laws § 9-1-14.

7. When to consider an attorney

Consider consulting an attorney if any of the following apply:

• Serious or potentially long-term injuries (spinal, head injury, surgeries).
• Disputed liability or multiple parties are involved.
• Potentially high damages exceeding the at-fault insurer’s limits.
• Complex factual issues (driver logs, maintenance records, federal compliance).

An attorney can help preserve evidence, handle communications with insurers, file suit before the statute of limitations expires, and advise whether you can pursue additional responsible parties (employer, manufacturer, shipper).