If you’ve been injured in a truck accident, you may be eligible to file an injury claim and receive compensation. However, there are several mistakes that can negatively impact your claim if you’re not careful. Avoid these common errors when filing your truck accident claim.
Delaying Medical Attention
Seeking medical attention immediately after a truck accident is crucial for your health and your claim. In 2017-2018, the overall emergency department (ED) visit rate for motor vehicle crash injuries was 10.7 visits per 1,000 persons. The ED visit rate was highest among patients aged 15-24 (18.2) and then declined with age, according to government statistics.
Delaying medical attention can lead to serious consequences. Individuals may experience long-term disability or even life-threatening internal bleeding. Insurance companies may also cite delays in seeking treatment as evidence against your claim for compensation.
While your health is the priority, promptly seeing a doctor also documents your injuries for your claim. But what’s another big mistake you’ll want to avoid when filing your truck accident case?
Admitting Shared Liability
One of the top mistakes truck accident victims make is admitting that they might share liability. In 2020, there were more than 144,000 truck accidents across the United States that caused over 4,000 deaths. And another 115,000 were injuries according to the U.S. Department of Transportation.
Even if you believe you may be partially at fault, it’s crucial to avoid making any statements admitting liability after an accident. Your answers can and will be used against you to reduce or deny your injury claim. If the accident happened in Las Vegas, an experienced Las Vegas truck accident lawyer can determine liability based on the specific circumstances. There can be more factors in the accident than initially thought. As such, professional truck accident lawyers can help take everything into perspective and assist the parties involved in obtaining a reasonable settlement.
Now that you know not to put your claim in jeopardy by accepting blame, what’s another error to steer clear of after a truck crash?
Not Gathering Evidence at the Scene
Gathering evidence at the scene of the accident is absolutely essential to building a strong truck accident claim. It’s part of an accident attorney’s role to help analyze these pieces of evidence. This includes:
- Taking extensive photos of the vehicles involved. Also, photos of the roadway, skid marks, debris, weather conditions, and anything else relevant to how the crash occurred. Get photos from multiple angles.
- Obtaining witness contact information, especially for anyone who actually saw the collision happen. Record their full names, phone numbers, and addresses. And get a written statement if possible.
- Identifying and retaining all police reports and traffic citations issued. Ambulance records and other official documents are necessary. The police report contains vital information but is just a starting point.
- Drawing a diagram of the accident scene showing the position of vehicles. It should also show the direction of travel and traffic controls like signals or signs, and more.
- Checking for video evidence like security cameras or dash cams on vehicles or nearby buildings that may have footage.
- Thoroughly documenting the truck and identifying information. License plates, VIN numbers, carrier names, inspection stickers, and more are examples.
The evidence collected immediately at the scene forms the foundation of your claim. Failure to gather and document all of this vital information can weaken your ability to prove liability. Not to mention, the chance to recover maximum damages.
Not Hiring an Experienced Truck Accident Lawyer
Going through a truck accident claim without legal representation is extremely risky. It is not advisable. Truck crash cases involve complex state and federal regulations. It applies to both commercial vehicles and drivers. An experienced truck accident attorney has essential knowledge of these rules. and how violations impact liability. Specifically, they can:
- Use evidence from the scene to establish how trucking regulations were broken. Some violations can come from hours of service, maintenance, inspection rules, and size limits. Violations demonstrate negligence.
- Calculate and prove all damages you are entitled to. It can include medical bills, lost income, property loss, pain and suffering, and loss of quality of life. This requires expertise.
- Handle communications and aggressive negotiations with insurance companies. That way, you can get the maximum settlement. Insurers take advantage of unrepresented claimants.
- Be prepared for trial if needed and know how to effectively argue your case in court. Most cases settle, but legal knowledge is key.
- Ensure deadlines are met and paperwork handled correctly throughout the claim process. Mistakes can jeopardize your recovery.
The value an attorney brings is clear. Don’t risk your truck accident claim and future by trying to go it alone. Their expertise is your advantage.
Not Keeping Track of Your Medical Expenses
Keeping track of your medical expenses is crucial for filing a successful truck accident claim. This includes all medical bills, prescription costs, and other related expenses. According to Michigan law, the minimum insurance coverage for medical expenses is often insufficient for the severe injuries sustained in truck crashes.
Failing to keep accurate and thorough records of these expenses can result in a lower settlement offer. Save and organize every receipt and billing statement to get full reimbursement.
Lastly, when the insurer presents a settlement, what negotiation error can have lasting consequences?
Settling Too Quickly
The mistake of settling too soon could be very expensive when it comes to filing a truck accident claim. Insurance companies sometimes offer easy payouts that might be far below what you are supposed to get. One has to seek a competent truck crash attorney before agreeing to a specific out-of-court or settlement proposal.
Be sure you consider this before trying to get your money back. Going ahead to settle or rush into it means sacrificing fair settlement and complete recovery in future. Be strategic and patient.
Not making such mistakes while filing your truck accident injury will make you be in better standing when it comes to such claims. However, treading with care at every stage is vital when heading towards positive results.
Frequently Asked Questions (FAQs)
What is an emergency following a trucking accident?
After a truck accident, seek immediate medication even though you may be feeling fine. You may also have problems getting compensation if you failed to seek immediate medical attention. Additionally, obtain proof, like pictures, case study, witness’s and police report.
What amount of my compensation do I deserve due to this?
Compensation comes down to too many variables. Such include severity of your injuries or medical bills, missed work wages, medical expenses compensation, pain and suffering and additional compensations. A seasoned lawyer will recover all your expenses.
The duration that takes to resolve the truck accident claim is determined by several factors.
This will be based on the complexity of your case. Normally, most claims are settled between one to two years; however, it takes more than two years for complex cases. This usually leads to smaller compensation of rushing settlements. Therefore, be patient as your attorney endeavours to extract the best deal for you.
Make sure not to commit these mistakes when filing a truck accident claim so as to get maximum recovery amount. Proceed carefully at all times until you are adequately compensated. Obtain justice through preparation and with legal guidance.