Detailed Answer
Disclaimer: This is educational information only and is not legal advice. For advice specific to your situation, contact a licensed Vermont attorney.
If a commercial truck hit you in Vermont and you suffered injuries, the claims process involves medical care, evidence preservation, insurance notice, and—often—negotiation or a lawsuit. Below is a clear, step-by-step explanation of what typically happens and what you should do to protect your rights under Vermont law.
1. Seek and document medical care immediately
Your health comes first. Go to an emergency room or urgent care if you have any signs of injury. Follow your treating providers’ recommendations and keep copies of all medical records, bills, imaging, prescriptions, and notes about symptoms and treatment. These records create the core proof of injury and damages.
2. Report the crash to police and get the official crash report
When injury or significant property damage occurs, call 911 or local police. The responding officer will prepare a crash report that often lists vehicle registration, insurance, driver statements, and witness information. Obtain the report number and request a copy for your records.
3. Preserve evidence at the scene and afterward
Collect or record:
- Photos and video of vehicle positions, damage, skid marks, traffic signs, and your injuries.
- Driver’s license, license plate, and insurance information for the truck and any other vehicles.
- Name and contact information for witnesses and the responding officer.
- Any dashcam or surveillance footage available from nearby businesses.
Keep damaged clothing and any physical evidence in as close to the original condition as possible.
4. Identify the truck’s owner and carrier
Commercial trucks often list the carrier’s name and USDOT number on the door. If the truck driver was working for a company, the employer’s insurance and vicarious liability rules may apply. For interstate carriers, the Federal Motor Carrier Safety Administration (FMCSA) rules can matter. Record the carrier name and USDOT number from the truck and include them in any claim.
5. Notify your insurer and the truck’s insurer
Report the crash to your auto insurer right away. Vermont policies typically require prompt notice. If the truck driver or carrier’s insurer contacts you, be careful: you are not required to give a recorded statement or accept a quick settlement offer before you know the full extent of your injuries. Consider consulting an attorney before signing releases or accepting payments.
6. Understand potential defendants and types of claims
You may have claims against one or more parties including:
- The truck driver (for negligence such as distracted driving, speeding, or fatigue).
- The trucking company or motor carrier (for hiring, supervision, maintenance failures, or vicarious liability).
- The vehicle owner (if different from the carrier).
- Maintenance shops or parts manufacturers (if defective parts or bad repairs played a role).
Commercial carriers often carry larger liability policies than private drivers, which affects recovery potential.
7. Document damages
Track your economic damages (medical bills, rehabilitation, lost wages, vehicle repair) and non‑economic damages (pain and suffering, mental anguish, reduced quality of life). Keep a loss log describing how injuries limit daily activities. These items form the monetary basis of a claim or lawsuit.
8. Know Vermont deadlines
Under Vermont law, you typically have a limited time to file a civil lawsuit for personal injury. The statute of limitations restricts how long you can sue, so act promptly. For general civil actions and limitations, see Vermont statutes (Title 12 — Courts and Civil Procedure): https://legislature.vermont.gov/statutes/title/12. For motor vehicle law and insurance obligations, see Vermont’s motor vehicle statutes: https://legislature.vermont.gov/statutes/title/23.
Certain claims—such as claims against municipal employers or government entities—may require earlier notice or follow special procedures. If a government vehicle or employee caused the crash, investigate special notice rules right away.
9. Investigate commercial-truck-specific evidence
Trucking claims often rely on specialized evidence such as:
- Electronic logging device (ELD) records showing hours of service.
- GPS and fleet telematics data.
- Driver logs, maintenance records, and inspection reports.
- Carrier hiring, training, and disciplinary records.
These items can be critical and may disappear over time. Preserving them early can make a big difference.
10. Negotiation, settlement, and lawsuit
Many claims resolve by negotiating with insurers. Insurers will evaluate fault, severity of injuries, and damages. If negotiations stall or the insurer denies responsibility, you may need to file a lawsuit. Litigation involves pleadings, discovery (exchanging evidence), depositions, and potentially a trial. Keep timelines and evidence organized in case you must sue.
11. Consider consulting a Vermont attorney
An attorney familiar with Vermont motor vehicle and personal injury law can:
- Preserve evidence and obtain ELD and carrier records quickly.
- Assess liability and damages under Vermont law.
- Handle settlement negotiations and litigation if needed.
If you choose a lawyer, look for someone who handles truck-accident cases and who will explain fees, timelines, and likely outcomes.