Truck accidents are the most severe type of vehicle collisions. With the potential for catastrophic injuries, property damage, and legal complexities, how you handle the after-effects of a truck accident can greatly impact your recovery and ability to secure compensation.
Many victims unintentionally harm their cases by making avoidable mistakes. To protect your rights and build a strong claim, we are here to help you avoid those mistakes if you have been in a similar situation recently. Keep reading to find some of the most common mistakes to avoid after a truck accident.
1: Failing to Call the Authorities
Not reporting a truck accident to the police is a critical mistake. A police report serves as an official account of the incident, which can be vital for insurance claims and legal proceedings. The report typically includes crucial details such as the date, time, and location of the accident, as well as witness accounts and preliminary fault assessments.
Without a police report, you may lack the documentation needed to establish liability. Even if the accident appears minor, always contact the authorities and cooperate fully with the responding officers. If the accident occurs in a remote area, ensure you follow up with local law enforcement to document the event.
2: Not Getting Immediate Medical Attention
After a truck accident, some injuries may not be immediately apparent due to adrenaline or delayed symptoms. These injuries may worsen if left untreated. Neglecting medical care not only endangers your health but also undermines your claim, as insurance companies might argue that delayed treatment indicates your injuries are unrelated to the accident.
Even if you feel fine, visit a healthcare provider right away after the accident for a thorough examination. Keep records of all medical visits, tests, and treatments, as these will be essential for proving the extent of your injuries and associated costs.
3: Delaying Contacting an Attorney
Many truck accident victims wait too long to seek legal assistance, either because they are overwhelmed by the consequences or believe they can handle the case on their own. Delaying contact with an attorney can jeopardize your case, as critical evidence may be lost, witnesses’ memories may fade, and statutory deadlines may expire.
An experienced Detroit Truck Accident Lawyer can start building your case, gathering evidence, and dealing with insurers on your behalf right away. Their expertise ensures you avoid costly mistakes and maximize your chances of a favorable outcome.
4: Admitting Fault or Apologizing
In the aftermath of an accident, emotions run high, and it’s easy to inadvertently say things that could be interpreted as an admission of fault. Statements like “I didn’t see the truck coming” or “I might have been going too fast” can weaken your case, even if the truck driver or company bears most of the responsibility.
When speaking to the police, witnesses, or the other driver, stick to objective facts and avoid speculating about what caused the accident. Let the investigators and your attorney determine fault based on evidence. A simple apology, while well-meaning, can be misconstrued as an admission of liability.
5: Failing to Gather Evidence at the Scene
The moments following a truck accident are crucial for collecting evidence. Many victims leave the scene without documenting critical details, assuming the police report will capture everything. However, firsthand evidence gathered immediately after the accident can significantly strengthen your case.
If you are physically able, take photos and videos of the accident scene from multiple angles. Document the damage to all vehicles, the surrounding environment, road conditions, and any visible injuries. Collect contact information from witnesses, as their statements may corroborate your account of the events. If you cannot collect evidence yourself, ask a trusted friend or family member to do so on your behalf.
6: Not Exchanging Information with the Truck Driver
Relying solely on the police to document the truck driver’s information can be a mistake, especially if the report is delayed or incomplete. Obtaining the truck driver’s contact information, insurance details, and the name of their employer or trucking company is essential for filing a claim.
Additionally, note any identifying details about the truck, such as its license plate number, company logo, or USDOT number. These details can help your attorney determine whether the trucking company, a maintenance provider, or another third party may share liability.
7: Speaking to Involved Parties without Legal Advice
Trucking companies and their insurers often act quickly after an accident, reaching out to victims to gather statements or offer settlements. While they may seem cooperative, their primary goal is to minimize their financial liability.
Speaking to these parties without consulting an attorney can inadvertently harm your case. For example, any statements you make could be used to reduce or deny your compensation. Instead, direct all communication to your attorney, who can handle negotiations and protect your rights throughout the process.
8: Accepting a Quick Settlement Offer
Insurance companies often offer quick settlements to truck accident victims to close claims before the full extent of the damages is clear. While accepting an early offer might seem tempting, it’s rarely in your best interest. Initial settlement offers often fail to account for ongoing medical expenses, long-term rehabilitation, lost future wages, and non-economic damages like pain and suffering.
Before accepting any offer, consult with a truck accident attorney to evaluate whether the proposed amount is fair and comprehensive. Your attorney can negotiate for a settlement that fully compensates you for all past, present, and future damages related to the accident. These include financial, medical, and emotional losses.
9: Ignoring the Possibility of Multiple Liable Parties
Truck accidents often involve more than just the driver. Other parties, such as the trucking company, cargo loaders, vehicle maintenance providers, or manufacturers of faulty parts, may share responsibility. Overlooking these additional liable parties can limit your ability to recover full compensation.
A truck accident attorney can conduct a thorough investigation to identify all possible defendants. By holding all responsible parties accountable, your chances of securing adequate compensation for your losses improve significantly.
