Detailed Answer
Overview: If a commercial truck hit you in Wyoming and you were injured, you can pursue a claim to recover medical costs, lost wages, and pain and suffering. A claim may be handled through insurance or by filing a civil lawsuit. You should act quickly to protect evidence and preserve your legal options.
1. Immediate actions after the crash
- Get medical care first. Seek emergency care and follow recommended treatment. Medical records are key evidence.
- Call law enforcement and get an official crash report. Ask how to obtain the report from the responding agency.
- Preserve evidence. Photograph the scene, vehicle damage, road markings, visible injuries, and any nearby cameras or skid marks. Note the truck’s company name, license, and driver contact details.
- Collect witness information. Names, phone numbers, and brief statements (if safe) are helpful.
2. Who can you make a claim against?
You may have claims against one or more of the following:
- The truck driver (for negligent driving).
- The trucking company or vehicle owner (for vicarious liability or negligent hiring/supervision).
- The carrier’s insurance company (commercial auto insurance).
- Other liable parties (vehicle makers, maintenance shops, freight loaders) if defective equipment or poor loading contributed to the crash.
3. Insurance claims versus lawsuits
Most truck crash claims start with an insurance claim. Commercial carriers carry liability coverage. File a claim with the truck driver’s insurer and notify your own insurer (your policy may include medical payment or uninsured/underinsured motorist coverage).
If the insurer denies a fair settlement or you reach the statute of limitations, you may file a civil lawsuit in Wyoming court to pursue full damages.
4. Key Wyoming timing rules
Wyoming limits how long you have to file a personal injury lawsuit. Consult the Wyoming statutes on limitations of actions (Title 1) for the exact deadline. In many personal-injury cases, a lawsuit must be filed within the time allowed by Wyoming’s limitations law. If a government entity or public employee contributed to the crash, special notice and shorter deadlines often apply. For the statutes and timelines, see the Wyoming Statutes: Wyoming Statutes (Title 1 — Actions and Limitations). If a federal motor carrier is involved, federal rules and administrative requirements can also affect timing.
5. Proving fault in Wyoming
Wyoming reduces any recovery by the injured party’s percentage of fault. That means if you share some blame, your recovery is proportionately reduced. Gather strong evidence (photos, police report, medical records, driver logs, maintenance records, cell phone records) to support the other party’s fault and minimize your assigned percentage.
6. Typical damages you can pursue
- Economic damages: medical bills, future medical care, lost income, loss of earning capacity, and property damage.
- Non-economic damages: pain and suffering, emotional distress, and loss of enjoyment of life.
- In limited situations, punitive damages may be available if the conduct was especially reckless.
7. Specialized evidence in truck cases
Commercial truck cases often require additional investigation steps:
- Request the driver’s logbooks, electronic logging device (ELD) data, drug and alcohol test results, and personnel files.
- Obtain the truck’s maintenance and inspection records.
- Preserve onboard camera footage and the carrier’s cargo and load documentation.
- Hire accident-reconstruction experts if needed.
Federal trucking rules and records (Federal Motor Carrier Safety Regulations) may be important. See the FMCSA rules at https://www.fmcsa.dot.gov/regulations.
8. Steps to file a claim in practice
- Report the crash to both insurers: your insurer and the truck carrier’s insurer.
- Gather and keep medical records, bills, and a journal of symptoms and recovery.
- Request the police/crash report and order any available video or witness statements.
- Demand preservation of ELD data, dashcam footage, and maintenance logs from the carrier (your attorney can issue a legal hold or preservation letter).
- Negotiate with the insurer. Keep written records of all communications and settlement offers.
- If negotiations fail or the insurer’s offer is insufficient, file a lawsuit before the applicable Wyoming deadline.
9. When to hire an attorney
Consider hiring an attorney if any of the following apply:
- You have serious or long-term injuries.
- The truck is commercial or the carrier denies responsibility.
- Multiple parties or complicated liability issues exist.
- Evidence is at risk of being destroyed (dashcam/ELD data).
- The insurer offers an amount that doesn’t cover your damages.
An attorney familiar with Wyoming personal-injury and commercial motor carrier law can preserve evidence, handle discovery, evaluate damages, and represent you in court.
10. Practical example (hypothetical)
Hypothetical facts: A commercial pickup truck sideswipes your vehicle on I-80, you suffer a fractured wrist and $30,000 in medical bills. You: get medical care, photograph the scene, obtain the police report, and notify both insurers. Your physician documents care and a work-release. The trucking company’s insurer initially offers $8,000. You hire an attorney who obtains the driver’s ELD data showing unsafe speeding and the carrier’s maintenance records showing overdue brakes. The insurer then offers a fair settlement that covers your bills, future care, and compensation for pain and suffering.
That example shows how documentation, medical records, and carrier records increase the chance of a fair recovery.
Statutes and resources: Review Wyoming statutes on limitations and tort actions on the Wyoming Legislature site: https://www.wyoleg.gov/Statutes. Review federal carrier rules: FMCSA Regulations. For state crash reporting and records, see the Wyoming Department of Transportation: https://www.dot.state.wy.us/.
Disclaimer: This article provides general information about Wyoming law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation and deadlines, consult a licensed Wyoming attorney promptly.
Helpful Hints
- Seek medical attention immediately and follow all treatment—medical records prove injury and causation.
- Get the police crash report soon; it often contains witness names and preliminary fault findings.
- Preserve electronic evidence—request ELD, dashcam, and maintenance records quickly.
- Tell your insurer about the crash even if you think the other party is at fault; check your policy for medical payment or UM/UIM coverage.
- Do not give recorded statements to the trucking company’s insurer without legal advice.
- Keep a written log of symptoms, doctor appointments, bills, lost work, and conversations about the crash.
- Act quickly—Wyoming law limits how long you have to sue, and evidence (video, logs) can be deleted.
- Consider hiring an attorney experienced with commercial truck claims to protect your rights and improve recovery odds.