Law

Avoid These Critical Mistakes After a Truck Accident

Written by Jimmy Rustling

A truck accident can cause catastrophic injuries involving multiple vehicles due to the size and weight of semi-tractors and trailers. If you’ve been hurt in a truck accident, the insurance company isn’t going to automatically hand over a decent payout. Here’s what you need to do to protect your ability to get the compensation you deserve.

Don’t avoid the doctor

Hopefully you’ve already gone to the ER, but if not, schedule an appointment with your doctor as soon as possible no matter how you feel. Even if you don’t think your injuries are that severe, get checked out anyway. You might have an injury that can’t be seen or felt right away, and if you end up filing an injury claim or lawsuit, you’ll need medical records to validate your claim. Waiting too long to see a doctor can trigger insurance adjusters to question your claim, even if you genuinely didn’t know you were injured at first.

Injuries that commonly produce delayed symptoms include traumatic brain injuries, spinal damage, internal bleeding, nerve damage, and soft tissue injuries. Sometimes the only way to identify these injuries is through an MRI, CT scan, or an orthopedic assessment. The sooner you get checked out, the stronger your claim will be if you choose to pursue compensation.

Don’t give a recorded statement

Insurance companies often ask injured parties for a recorded statement right after a truck accident. However, if you’re asked for one, be aware that they’re not asking out of concern for your wellbeing. They’re looking for information they can use against you during settlement negotiations. The insurance company will look for discrepancies between your statement and other documents, including your medical records, to justify devaluing or denying your claim.

The recorded statements insurers want aren’t just opportunities for you to describe what happened. They’ll ask you specific questions about speed, distractions, prior injuries, visibility, fatigue, and where your vehicle was when the crash happened. These questions are engineered to identify contradictions and establish partial fault so they can devalue your claim. Even slight inconsistencies can raise red flags.

Don’t let evidence slip away

After a truck accident, evidence will disappear fast if you don’t secure it right away. Some of the most valuable evidence in vehicle crashes is only temporary. Skid marks, debris, and weather conditions will disappear fast. 

Your next move should be contacting a truck accident lawyer to start gathering evidence you wouldn’t know how to collect on your own. For example, commercial trucks usually have electronic logging devices and GPS systems that record data like speed, braking, and onboard communications. Your lawyer will know how to get this data. 

Stay off of social media

All social media activity has the potential to create problems with your truck accident claim. Be aware that insurance adjusters and lawyers will be monitoring your social media accounts looking for anything they can use against your claim. A singe photo of a family event or outdoor activity can be used to argue that you aren’t as injured as you claim. Even a casual post about feeling better can undermine your claim.

Don’t accept a fast settlement offer

There’s a good chance you’ll be offered a fast settlement from the trucking company’s insurer but don’t accept it without talking to a lawyer. Early offers are usually far below what a claim is worth and the insurance company is hoping you’ll take the money and walk away. 

A truck accident attorney will know the true value of your claim and will tell you if the offer is fair. Chances are, it’s not. Especially if you haven’t figured out what all of your medical costs will be long-term. Chronic pain and neurological symptoms along with mobility limitations and future surgeries can increase the amount of care you need. None of this will be factored into the insurance adjuster’s initial offer. 

Since serious injuries can permanently impact your ability to work and live, it’s critical to speak with a lawyer before accepting any settlement, even when it seems high. You can’t reopen your claim later or file a lawsuit if you didn’t get enough compensation the first time.

Avoid these mistakes for a better chance at fair compensation

Truck accident claims can get complicated when injuries are severe and liability is disputed. Insurance companies look closely at claims to find inconsistencies and anything else they can use to reduce payouts. A skilled personal injury attorney can help protect and recover critical evidence and calculate the full value of your claim. You can improve your chances of receiving fair compensation by avoiding common mistakes that give insurers a reason to deny your claim.

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About the author

Jimmy Rustling

Born at an early age, Jimmy Rustling has found solace and comfort knowing that his humble actions have made this multiverse a better place for every man, woman and child ever known to exist. Dr. Jimmy Rustling has won many awards for excellence in writing including fourteen Peabody awards and a handful of Pulitzer Prizes. When Jimmies are not being Rustled the kind Dr. enjoys being an amazing husband to his beautiful, soulmate; Anastasia, a Russian mail order bride of almost 2 months. Dr. Rustling also spends 12-15 hours each day teaching their adopted 8-year-old Syrian refugee daughter how to read and write.