What If I Was Airlifted After an 18-Wheeler Accident?

You may have suffered significant trauma, been trapped in your vehicle, lost consciousness, experienced neurological symptoms, suffered multiple fractures, or needed immediate evaluation at a trauma center.

If an 18-wheeler caused the wreck and you were not at fault, an airlift can become an important part of the medical history of your claim.

But the seriousness of the medical response also makes it especially important to investigate the trucking side of the case thoroughly.

Why Are Some Truck Accident Victims Airlifted?

Emergency personnel make transportation decisions based on medical circumstances and available resources.

Factors can include:

• severity of injuries;
• distance to appropriate care;
• suspected brain injury;
• suspected spinal injury;
• severe bleeding;
• multiple fractures;
• crush injuries;
• unstable vital signs; or
• other traumatic conditions.

The medical records should explain the circumstances surrounding your transport.

Does Being Airlifted Mean My Case Is Worth a Certain Amount?

No.

There is no fixed case value based on air transportation.

The value of a claim depends on many factors, including:

• actual injuries;
• medical treatment;
• future medical needs;
• permanent limitations;
• wage loss;
• liability evidence;
• responsible parties;
• available insurance; and
• other legally recoverable damages.

No legitimate evaluation should be based solely on the fact that a helicopter was used.

What Medical Records Should Be Preserved?

Keep documentation from:

• EMS;
• air-medical personnel;
• trauma center;
• emergency physicians;
• surgeons;
• specialists;
• diagnostic imaging;
• rehabilitation providers; and
• follow-up physicians.

These records can establish the progression of your injuries.

What If I Was Unconscious?

You may have little or no memory of the accident.

That does not mean the collision cannot be investigated.

Evidence may include:

• witnesses;
• police reports;
• photographs;
• dashcams;
• surveillance;
• electronic truck information;
• GPS;
• physical evidence; and
• accident reconstruction.

What If I Cannot Tell Anyone How the Crash Happened?

Independent evidence becomes especially important.

The trucking company’s driver may be one of the only conscious people who personally remembers the collision.

That makes objective evidence particularly valuable.

Investigators should not assume the truck driver’s version is correct simply because the injured person cannot remember.

What Truck Evidence Should Be Preserved?

Potential evidence includes:

• dashcam footage;
• driver-facing video;
• GPS;
• telematics;
• electronic vehicle information;
• ELD records;
• dispatch communications;
• cellphone information;
• maintenance records;
• inspection records;
• driver qualification records; and
• cargo information.

The specific evidence depends on the collision.

What If the Truck Was Towed Away?

The location and condition of the tractor and trailer should be identified.

If equipment condition may have contributed to the accident, inspection before major repairs can be important.

What If the Trucking Company Says I Caused the Wreck?

A catastrophic injury does not automatically establish fault, but neither does the truck driver’s statement.

The collision should be reconstructed using all available evidence.

Questions may include:

• vehicle positions;
• speed;
• lane markings;
• braking;
• signals;
• witness observations; and
• electronic information.

Could Multiple Companies Be Responsible?

Potentially.

Depending on the facts, investigators may examine the conduct of:

• the truck driver;
• motor carrier;
• driver’s employer;
• tractor owner;
• trailer owner;
• maintenance company;
• cargo loader; or
• another responsible business.

Each entity’s role must be proven.

What If I Need Multiple Surgeries?

Catastrophic truck injuries can require staged treatment.

A person may need one surgery immediately and additional procedures months later.

Document:

• surgical recommendations;
• procedures;
• rehabilitation;
• restrictions;
• complications;
• future treatment; and
• prognosis.

What If I Need Rehabilitation?

Rehabilitation can become a major part of recovery after catastrophic trauma.

Treatment may involve:

• inpatient rehabilitation;
• physical therapy;
• occupational therapy;
• speech therapy;
• cognitive therapy; and
• vocational rehabilitation.

What If I Cannot Care for Myself?

Severe injuries can temporarily or permanently affect independence.

You may require:

• family assistance;
• home health care;
• mobility devices;
• transportation;
• home modifications; or
• attendant care.

Future care needs should be documented by appropriate professionals.

What If I Cannot Return to My Career?

A catastrophic injury can affect earning capacity for decades.

The analysis may consider:

• previous occupation;
• education;
• work history;
• age;
• medical restrictions;
• alternative employment; and
• expected future earnings.

Vocational and economic professionals may become relevant in serious cases.

What About the Air Ambulance Bill?

Air-medical transportation can be expensive.

The billing process can involve health insurance, providers, liens, or other payment arrangements.

The charge may also be part of the medical damages analysis depending on the circumstances and applicable law.

What If the Trucking Company Has a Large Insurance Policy?

Do not assume a particular amount.

Commercial trucking companies can have different insurance and financial-responsibility arrangements.

Potential coverage may include primary commercial liability insurance and, depending on the circumstances, excess or umbrella coverage or insurance associated with additional responsible entities.

The actual policies must be identified.

What If More Than One Policy Applies?

That is possible in some cases.

A thorough investigation should identify the commercial relationships among the driver, motor carrier, tractor owner, trailer owner, and other potentially responsible entities.

But multiple policies should never be promised without evidence.

Why Is a Catastrophic Case Different?

A minor injury claim may focus primarily on medical bills already incurred.

A catastrophic injury claim may require evaluation of decades of future consequences.

Those can include:

• medical care;
• lost earning capacity;
• rehabilitation;
• equipment;
• assistance;
• home modifications; and
• permanent disability.

What Should My Family Preserve While I Am Hospitalized?

If you cannot handle the investigation personally, family members can preserve basic information such as:

• photographs;
• witness names;
• police information;
• trucking-company information;
• insurance correspondence; and
• medical documentation.

They should avoid confronting the truck driver or company.

Jacqueline Scott & Associates Investigates Catastrophic Louisiana Truck Accidents

If you were airlifted after an 18-wheeler wreck, the severity of the collision demands a careful investigation.

While doctors focus on your injuries, the legal investigation should focus on the truck.

Why did the wreck happen?

Who operated the truck?

What electronic evidence exists?

Was the driver distracted or fatigued?

Was the equipment properly maintained?

What companies were involved?

What commercial insurance may apply?

Jacqueline Scott & Associates can investigate serious and catastrophic Louisiana 18-wheeler accidents involving trucking companies, multiple potential defendants, electronic evidence, and significant injuries.

Make ’Em Pay.

Call Jacqueline Scott & Associates at (318) 746-5997.

Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This article provides general educational information and is not legal advice.

This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.