When you are in a truck accident, you may find yourself suffering from injuries and in shock, however, there are some things that you should keep in mind so you can know the mistakes to avoid after a truck accident.
While thinking about a legal claim after an accident might not be your first thought, knowing this essential information can help to protect your legal rights and give you greater strength at the negotiating table.
Avoiding these mistakes can help protect a claim with an insurance company or a legal claim so that you can still get the compensation you are entitled to in order to help recover from your accident with the help of a skilled attorney.
Mistake #1: Failing to Report the Accident Promptly
When you are in a truck accident, it is crucial that you report the accident to the proper authorities and your insurance company promptly for a number of reasons. For one, it may be a legal requirement to report an accident especially if there are any catastrophic injuries or fatalities and a police report is always useful for the claims process.
Additionally, many insurance companies have a reporting deadline which failure to meet could lead to a claim denial.
Furthermore, reporting a claim promptly allows for evidence preservation, allowing investigators to conduct an accident investigation and evidence collection of witness statements, vehicle data, and the trucker’s drive logs, and cargo documentation and to do an accident reconstruction if necessary.
Mistake #2: Not Seeking Immediate Medical Attention
A truck accident can result in shock, meaning that you might not even realize you are injured with things like fractures and spinal cord injuries.
Seeking prompt medical attention not only protects your physical health but can also be essential to protect your legal rights. Prompt medical attention can identify and treat any hidden injuries, preventing future complications.
Furthermore, avoiding delayed treatment helps establish a legal record that links your injuries to the accident. Your medical records will be essential to proving not only your physical injuries but also as evidence to prove emotional distress and pain and suffering damages.
Mistake #3: Admitting Fault at the Scene
Even if you believe you were at fault, you should never admit fault at the accident scene because anything you say at the scene may be used against you for fault determination.
Insurance companies may use these statements against you in the claims process, using it as an excuse to either reduce your claim based on comparative fault or deny the claim in its entirety.
Furthermore, these statements could be used against you in legal proceedings.
And, regardless of how you feel at the scene, you may not know all of the facts and circumstances regarding the accident and your initial assessment may not be correct.
It is best to speak with a Jersey City truck accident lawyer before admitting any liability or negligence.
Mistake #4: Not Gathering Sufficient Evidence
After an accident, you need to gather as much evidence and accident documentation as possible to support your trucking accident claim.
This includes taking photos and videos of the accident scene including any property damage, adverse weather conditions, tire skid marks, any visible injuries, and anything else you feel may be pertinent.
A lawyer can help you gather more evidence after the crash that can be used to supplement your truck accident claim such as information about the truck, truck driver, and trucking company.
This information may show things such as violations of trucking regulations, mechanical failures, driver fatigue, and improper loading data.
Mistake #5: Accepting a Settlement Too Quickly
Financial strain can tempt a person into accepting a settlement offer quickly to take care of expenses, however, this can be a mistake.
Insurance adjusters may make it seem like they are taking care of you, but their job is to save the insurance company money, meaning they will try to get people to accept low settlement offers.
Attorneys are skilled in negotiating with insurance companies and know all the tricks they use to encourage people to settle. As such, they can deal with the insurance company and get you the compensation you are entitled to.
Mistake #6: Overlooking Long-Term Damages
While initial damages like immediate medical care and auto repair bills are easy to remember, you should never overlook your long-term costs.
You may end up suffering from things such as PTSD or traumatic brain injuries that require long-term care. You may also have injuries that prevent you from working, leading to lost wages and harm your future earning potential.
Mistake #7: Miscommunication with Insurance Companies
Communicating with insurance companies can be difficult, making miscommunications easily possible which can lead to claim rejections and denials.
This is why you should leave all communications with insurance companies to your attorney who will use their legal expertise and negotiation tactics to help you get a fair settlement.
Mistake #8: Not documenting all expenses and loses
It’s easy to accidentally discard a bill after paying it, however, this is a mistake. You need to remember to document all of your expenses and losses that are, or potentially are, related to the accident including all medical expenses, auto repair expenses, and long-term costs. An attorney can help you determine what expenses are accident related.
Mistake #9: Social media postings
It is essential that you use social media caution regarding your accident to protect yourself in trucking accident cases. You may mistakenly admit fault, or your posts could be used to contradict your claims.
Even innocuous posts like an outing with your family could be used to show your injuries aren’t as severe as you claim. And remember, these are recorded statements that may be able to be recovered even if you delete them.
Protect Your Rights After a Truck Accident!
After a truck accident, the best way to protect your rights is by hiring a skilled Jersey City personal injury lawyer.
They will help ensure that sufficient evidence is collected to pursue your claim, negotiate with insurance companies, and, if a settlement is not reached, file a claim in court within the statute of limitations legal deadlines.
The legal team at Omni Injury & Accident Law is here for you. We aim to provide vigorous legal representation for our clients to get them all of the compensation they are entitled to, whether that be through settlement or in court. Contact Omni Law today for a free legal consultation to find out more about your claim.