7 Truck Accident Lawsuit Mistakes and How to Avoid Them

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Nearly 5,000 drivers of large trucks were involved in fatal crashes within a single year. At least one driver-related factor was recorded for 33% of these crashes. In these cases, you could file a truck accident lawsuit to fight for compensation. 

However, it’s important that you avoid making these truck accident lawsuit mistakes during the process. Otherwise, you might not receive the full amount you deserve.

Read on to learn more before filing your truck accident case!

1. Forgetting to Call the Police

One of the biggest mistakes you can make regarding your case is neglecting to call the police.

In some states, you’re obligated to call the police after a traffic accident. Calling the police will ensure there’s an official record of the crash. The official police report could strengthen your claim that the truck driver was at fault. 

You’ll need to prove the other driver caused the crash, thereby causing your truck accident injury, to fight for compensation. 

Immediately after a truck accident, try to take a breath and gain your bearings. If your vehicle is safe to drive, move it out of traffic. Don’t move the vehicle if it’s leaking fluid or if the tires are damaged.

Make sure the truck driver moves nearby as well.

Assess your injuries (and the injuries of anyone else in the car with you). If someone sustained serious injuries, call for medical attention. Otherwise, call the police right away.

Don’t make the mistake of leaving the crash site until the police clear you to leave. Otherwise, you could get charged with a hit-and-run.

When speaking to the police, don’t embellish. Stick to the facts as you walk them through what happened leading up to the crash. 

Before the police leave, ask if you can write down their name and badge number. Ask if they can send you a copy of their police report, too. If you’re unable to get a copy, let your truck accident lawyer know.

Your truck accident lawyer can contact the police on your behalf to get a copy of the report. The report might indicate who was at fault for the crash. It also lists contact information for all involved drivers, passengers, and witnesses. 

Without a police report, the insurance company could argue the accident never happened. 

2. Neglecting to Gather Evidence

Don’t rush to leave the scene of the crash. Instead, gather as much evidence as you can as you wait for the police to arrive. The evidence you gather could help support your side of the story.

First, gather photo and video footage of the vehicles involved from all angles. Get footage of the road conditions as well. For example, perhaps there was a pothole, obstruction, or slick roads due to rain. 

Make a note of where the crash occurred, including street names and landmarks. 

Write down the names and phone numbers of all drivers involved. Determine what company the truck driver works for, too. You should also get their:

• Insurance information

• Truck make, model, and year

• Commercial driver’s license (CDL) information

• License plate number

• Registration number

• Any other indicators of ownership

Did anyone witness the crash? Ask for their name and contact information as well. Your lawyer might want to contact them to get a statement later. 

A witness’s statement could support your record of events. 

3. Not Seeking Medical Attention

Immediately after an accident, visit a doctor. Only a licensed medical professional can assess your health after a crash.

Don’t skip your follow-up appointments. A gap in your treatment plan could help the opposing counsel prove your injuries aren’t as severe as you claimed.

Seeking medical attention can help you prove the extent of your truck accident injury. It can help your lawyer determine the full extent of your losses, too. 

4. Negotiating With Insurers

Don’t handle negotiations with the insurance company on your own. They could send a lowball offer without considering the full extent of your losses. They might delay paying off your claim or try to indicate you were at fault for the crash.

You might unintentionally say something that can hurt your truck accident case, too. 

Instead, allow a lawyer to handle these negotiations. 

5. Posting on Social Media

Don’t make the costly mistake of posting photos about the accident online. Instead, avoid mentioning anything about the crash on social media. Even an innocent post stating “I was in a crash but I’m fine” could hurt your case.

Claiming your “fine” could work in the insurance adjuster or opposing attorney’s favor. They might claim you don’t deserve money for lost wages, medical treatment, or other expenses as a result.

Remain mindful of what you say or show online. Any photo or comment could indicate liability or your physical condition. You could hurt your truck accident case as a result. 

6. Waiting Too Long

Different states have different time limits regarding auto accident claims. If you were recently in a truck accident, make sure you know your state’s lawsuit filing deadline. Otherwise, contact an experienced lawyer right away.

If you wait too long, the statute of limitations could lapse. You’ll miss your chance to fight for compensation. 

The court could refuse to hear your case.

7. Not Hiring a Lawyer

The biggest mistake you can make after a truck accident is neglecting to hire a lawyer right away. An experienced truck accident lawyer can help you avoid making other costly mistakes. Instead, you can learn from their experience with similar cases to make more informed decisions.

For example, an experienced lawyer will know how to negotiate with the insurance company. They won’t allow you to accept the first lowball offer you receive.

Your lawyer will keep the insurance company from stalling, too. 

In truck accident cases that involve several entities, shared liability is a possibility. Your lawyer will help determine and prove who was at fault. They could help you avoid a counter- or cross-claim as well. 

Don’t handle your truck accident case alone. Instead, contact this local accident attorney to determine your legal options. 

Avoid Making These Truck Accident Lawsuit Mistakes

These truck accident lawsuit mistakes could hurt your ability to fight for compensation. Instead, consult an experienced truck accident lawyer right away. With their help, you can fight for the compensation you need to cover your losses.

Win your truck accident case with help from an experienced attorney today.

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