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What to Do After a Truck Accident in Fort Myers: Evidence to Preserve in the First 72 Hours

Table of Contents

With major highways like I-75 and Cape Coral Bridge crossing the Caloosahatchee River, Fort Myers residents see heavy commercial traffic daily. For those injured in semi-truck accidents in Fort Myers, though, the physical, financial, and emotional impact can be devastating. You do have options, but what you do in the next 72 hours after the accident can greatly influence your recovery.

In this article, our Fort Myers truck accident lawyers discuss what you should do after the collision and the evidence you should collect. That evidence and the actions you take will directly affect the strength of your personal injury claim.

What to Do After a Truck Accident in Fort Myers

Immediately after the truck accident, we advise our readers to always take the following actions:

Call 911
Seek medical attention as soon as possible

When you call, let the operator know where you are, what has happened, and who is injured. Depending on where the accident took place, either the Fort Myers Police Department (FMPD), the Lee County Sheriff’s Office (LCSO), or the Florida Highway Patrol (FHP) will respond. Law enforcement will render aid and generate a police report. Be cooperative and factual. Don’t speculate on what you don’t know, and do not admit fault. Finally, be sure to get the officer’s name and case number if available.

Depending on the severity of your injuries, you may be transported to either Gulf Coast Medical Center or Lee Memorial Hospital. If not, go to the nearest ER or urgent care clinic. Be direct and thorough when speaking with your doctors. Allow them to run a full examination with tests and imaging.

These first two actions are some of the most critical things to do to protect your health and the strength of your insurance claim. Any gaps between the accident and your actions can be used by the insurance companies to devalue or deny your claim.

Physical Evidence to Preserve Following a Lee County Truck Accident

While at the accident scene, and if your injuries permit, you can start to collect evidence for your truck accident claim. Without putting yourself in danger, take photos and videos of the following:

Damage to all the vehicles involved
Road conditions, skid marks, debris
Traffic signs, signals, and weather conditions
Visible injuries

In addition to saving this digital evidence, you should also hold onto any damaged personal property, like clothing, cell phones, and jewelry. You mustn’t repair or dispose of these things, as they can be used as physical evidence in your claim.

Documentation and Records to Collect for Your Claim

When it comes time to report your claim, you will need to obtain the police crash report on the accident. For I-75 truck accidents in Fort Myers, that would be through the Florida Crash Portal. If the accident was within city limits, that would either be through the Public Records Center for Fort Myers or the Custodian of Public Records for Lee County.

You will also need to consolidate your medical records. They should show:

Emergency room visits
Follow-up appointments and diagnoses
Medication and treatment plans

Finally, you will need to show the financial impact on your life. This includes medical bills, pay stubs, and employment records, and any out-of-pocket expenses related to the accident you incurred.

Truck-Specific Evidence That Often Disappears Quickly

Some of the evidence you will need in your claim could be in the hands of possible defendants, like the trucking company. You will need to secure the following items:

Driver Logs: Data contained in the truck driver’s logs or on electronic logging devices (ELDs) can show whether there were any Federal Motor Carrier Safety Administration (FMCSA) violations regarding the hours of service.
Truck “Black Box”: The truck’s speed, braking, and engine data at the time of the accident are recorded, but this data can be overwritten within 30 days.
Maintenance and Inspection Records: Any repairs done to the vehicle, or the absence of a repair, such as faulty brakes or worn tires, could point to negligent maintenance.
Cargo and Load Documentation: Improperly loaded or unsecured cargo, weight violations, and shifting loads; this evidence can point to a cause for the accident.

Witness Information and Statements

While at the accident scene, you can also ask witnesses for their contact information. Their statements can help corroborate your version of events and possibly add details that you did not know. However, you need to collect their statements while their memories are fresh. If you wait to follow up with them, they could forget.

Communications to Handle Carefully With the Trucking Company Insurance

You will need to contact your personal injury protection (PIP) policyholder and report the accident. The insurers for the trucking company will also reach out to you. Both will likely ask for a recorded statement. We advise against giving them one.

Insurance companies are looking for every opportunity to dismantle your claim and lower their liability. The things you say, no matter how innocent they may seem to you, can be used against you. Even saying you feel fine could be the excuse they need to devalue or deny your claim.

This includes social media. Until your case is settled, we advise staying off it.

The Role of a Fort Myers Truck Accident Attorney in Evidence Preservation

There is no law that says you must hire a personal injury attorney, but there are a great many benefits. They can:

Send spoliation letters to preserve evidence
Secure surveillance and traffic camera footage
Work with accident reconstruction experts
Manage communication with insurers

Our attorneys understand the issues you are facing following a commercial vehicle accident in Fort Myers. We can investigate your case, build your claim, and deal with the insurers while you recover.