The world can shatter in a single, terrifying moment. One second, you are enjoying a walk or a bike ride in Indianapolis, your mind on the day ahead or the simple pleasure of movement. The next, there is a horrifying impact that changes everything.
Being struck by a commercial truck as a pedestrian or a cyclist is a uniquely devastating experience. The sheer size and weight differential mean the consequences are almost always catastrophic. If you or a loved one was involved in a truck accident as a pedestrian or cyclist, we want you to know, first and foremost, that your pain, fear, and confusion are completely valid. The path forward seems uncertain and fraught with challenges.
We want to offer clear, compassionate guidance on what to do now, in the hours, days, and even weeks after the accident. This is your road map to protecting you and your family’s health, your well-being, and your right to justice—guidance an experienced Indianapolis truck accident attorney can provide every step of the way.
What to Do Immediately After a Truck Accident: It’s Okay If You Couldn’t Do It All
You may have seen checklists online telling you what to do immediately after an accident: exchange information, take photos of the scene, get witness contacts, and write down every detail.
In an ideal world, this would be valuable information to have.
But your world was far from ideal in that moment. When an 80,000-pound semi-truck hits a person, their first and only priority is survival. You were likely in shock, severely injured, and unable to do anything but wait for help. You were probably transported from the scene by ambulance, with no opportunity to act as your own investigator.
Please, let go of any worry that you “didn’t do enough” at the scene. It is completely understandable. The fact that you couldn’t gather evidence does not mean your case is lost. Far from it. The focus now shifts from what you could have done then to the powerful steps you can take today to build your case and secure your future.
Your First and Most Important Job: Prioritize Your Healing
Before we discuss insurance companies, liability, or legal matters, we must focus on you. Your physical and emotional recovery is the absolute top priority, and it is also the foundational building block of any future personal injury claim.
1. Seek and Continue Medical Treatment Without Fail
Whether you were taken to the ER from the scene or saw a doctor the next day, it is critical to continue your medical care. This means:
- Attending all follow-up appointments: This includes specialists like neurologists or orthopedic surgeons, as well as physical therapists.
- Being completely honest with your doctors: Do not downplay your pain or your symptoms. If something hurts, say so. If you are experiencing memory issues, dizziness, anxiety, or sleeplessness, tell your doctor. These can be signs of a Traumatic Brain Injury (TBI), which often has delayed or subtle symptoms.
- Following your treatment plan meticulously: Take all prescribed medications, complete your physical therapy exercises, and respect the physical limitations your doctor gives you.
Following these steps is not only essential for your recovery, but it also creates a clear, official record of your injuries and the impact they have on your life. Insurance companies will look for any gap in treatment or any failure to follow a doctor’s orders as an excuse to argue that your injuries aren’t as severe as you claim. Don’t give them that chance.
2. Start a Health and Well-being Journal
This may be the single most powerful tool you have right now. An insurance company sees medical bills and reports. They don’t see the human story behind them. Your journal tells that story. Every day, take a few minutes to write down:
- Your physical pain: On a scale of 1-10, how does your head, back, or leg feel? Is the pain sharp, dull, or throbbing? What activities make it worse?
- Your daily limitations: What couldn’t you do today that you could do before the accident? Examples include: “Couldn’t lift my child,” “Had to ask my spouse to open a jar for me,” “Was unable to walk the dog,” or “Had to cancel coffee with a friend because the pain was too much.”
- Your emotional state: Document your feelings of anxiety, depression, frustration, or fear. Note any nightmares or flashbacks you experience. The emotional trauma is just as real as the physical trauma.
- Missed events: Did you miss a family wedding, a child’s school play, or a planned vacation? Write it down. This documents your “loss of enjoyment of life.”
This journal will become an invaluable piece of evidence that illustrates the true, day-to-day cost of your injuries—a cost that goes far beyond a stack of medical bills.
What Makes Trucking Accidents So Complex?
An accident involving a pedestrian or cyclist and a commercial truck is not like a typical car accident. The legal landscape is significantly more complex, which is why insurance companies for the trucking industry fight so hard from the very beginning.
The Physics of Devastation
There is no “fender bender” when a human body meets a commercial vehicle. The catastrophic nature of the injuries—from severe TBIs and spinal cord damage to multiple fractures and internal injuries—means the potential value of the claim is very high. Insurers know this and deploy their most aggressive tactics to limit their financial exposure from day one.
The Tangled Web of Liability
In a standard car accident, you are often dealing with one other driver and their insurance. In a trucking accident, there can be numerous potentially responsible parties, all with their own insurance policies and legal teams. These can include:
- The Truck Driver: Was the driver fatigued, distracted, intoxicated, or speeding? Did they violate specific traffic laws meant to protect pedestrians and cyclists?
- The Trucking Company: Did they fail to properly screen or train the driver? Did they pressure the driver to violate federal hours-of-service rules designed to prevent fatigue? Did they neglect to properly maintain the truck’s brakes, tires, or lights?
- The Truck Manufacturer: Was there a defective part on the truck, like a brake failure or tire blowout, that caused the crash?
- The Cargo Shipper/Loader: Was the truck’s cargo improperly loaded or secured, causing it to shift and contribute to a loss of control?
- A Government Entity: Was a poorly designed intersection, a malfunctioning traffic signal, or a lack of proper crosswalks a factor in the accident?
Identifying all potential sources of liability is a massive undertaking that requires immediate and skilled investigation. This is not something an injured individual can or should be expected to handle on their own.
How to Protect Yourself Against Insurance Adjusters After an Accident
Very soon after the accident, you will likely receive a phone call from an insurance adjuster representing the trucking company. It is crucial that you understand their one and only goal: to pay you as little as possible.
The adjuster may sound friendly, caring, and concerned. They may say things like, “We just want to check on you,” or “Let’s just get your side of the story so we can get this sorted out for you.”
This is a strategic tactic. Their job is to get you to say something they can use against you. They want to get a recorded statement before you fully understand the extent of your injuries and before you have spoken with an attorney.
Here is your guide for handling this critical interaction.
What NOT to Do or Say:
- DO NOT give a recorded statement. You are under no legal obligation to do so. A simple, polite, “I am not comfortable giving a recorded statement at this time” is a complete answer. They are trained to make you feel like you have to, but you don’t.
- DO NOT sign any documents. They may try to send you medical authorization forms. These are often overly broad and give them access to your entire medical history, which they will scour for any pre-existing condition they can use to deny your claim. They may also send you an early, lowball settlement offer with a release form. Signing it will permanently end your right to any further compensation.
- DO NOT minimize your injuries. When the adjuster asks, “How are you feeling?” never say “I’m fine” or “I’m okay.” Even if you mean it as a social pleasantry, they will note it in their file as an admission that you weren’t seriously hurt. A better answer is, “I am still under a doctor’s care.”
- DO NOT guess or speculate. If they ask about the traffic light color, your exact speed on your bike, or what you were looking at, and you aren’t 100% certain, do not guess. Simply state, “I am not able to discuss the details of the accident right now.”
- DO NOT discuss fault. Do not apologize or say anything that could be twisted to sound like you are accepting even a tiny percentage of the blame.
- DO NOT post about the accident on social media. Insurance companies absolutely will find your social media profiles. A photo of you smiling at a family dinner or a post saying you’re “having a good day” can be taken out of context and used to argue that your life hasn’t been significantly impacted. It’s best to stay off social media entirely while your case is pending.
What You CAN Do:
You have all the power in this conversation. You can politely and firmly end the call. A perfectly acceptable script is:
“Thank you for your call. I am focusing on my medical treatment right now and am not prepared to discuss the accident. I will have my representative contact you in the future.”
Then, you hang up. That’s it. You have protected your rights and given yourself the space you need to heal.
The True Value of Your Truck Accident Claim
Insurance companies want to make your case about one thing: economic damages. They want to add up your medical bills and lost paychecks to date, put a number on it, and close the file. They see you as a claim number, a liability to be minimized.
But your life is not a number. The value of what was taken from you goes far beyond a simple calculation. A just outcome considers the full human cost of the accident. In the legal world, this is broken down into two categories of damages.
Economic Damages: The Tangible Losses
This is the “easier” part to calculate, though it requires foresight and skill. It includes:
- All past, current, and future medical expenses (surgeries, hospital stays, medication, physical therapy, assistive devices like wheelchairs, home health care).
- Lost wages and income from being unable to work.
- Loss of future earning capacity if your injuries prevent you from returning to your previous career or working at all.
Non-Economic Damages: The Human Cost
This is what the insurance company will fight hardest to ignore, and it is arguably the most significant part of your suffering. It represents the ways your life has been irrevocably changed. This includes compensation for:
- Pain and Suffering: The physical pain you have endured and will continue to endure.
- Emotional Distress and Mental Anguish: The fear, anxiety, depression, PTSD, and trauma resulting from the accident.
- Loss of Enjoyment of Life: Your inability to participate in hobbies, activities, and relationships that once brought you joy.
- Disfigurement and Scarring: The permanent physical reminders of your trauma.
- Loss of Consortium: The damage to your relationship with your spouse as a result of your injuries.
Calculating these damages requires a deep understanding of how juries value human loss. It requires telling your story—the story from your journal—in a compelling way. This is the fight for full justice, not just the “fair” settlement the insurance company offers.
Yosha Law: Your Advocate for Full Justice in Indianapolis
If you or a loved one has been the victim of a pedestrian or bicycle accident involving a truck, the Yosha Law can help you pursue justice and fair compensation. We understand that insurance companies see you as a number on a spreadsheet. To us, you are a human being whose life has been turned upside down, and we fight for you like family.
We know the financial pressure you are under. That’s why we work on a contingency fee basis. We only get paid attorney’s fees when you win, which means there are no upfront costs or financial burdens for you during this incredibly stressful time.
Our Indianapolis personal injury lawyers will provide you with:
- Upfront and honest advice on the merits of your case.
- Clear guidance on how to navigate the complexities of a trucking accident claim.
- Compassionate legal support from Indiana’s trusted personal injury firm.
- A complete breakdown of all your options for seeking full and fair compensation.
Contact us today at (317) 334-9200 or through our online form for a free, confidential consultation.
