The 6 Costliest Mistakes That Can Ruin Your Truck Accident Claim

Truck accidents are devastating. Given the size and weight of these heavy-duty vehicles, a collision between one and a passenger car can cause catastrophic injuries or even death to the car’s occupants, sending families into chaos. Amid the commotion, it is easy to make costly mistakes that can jeopardize your claim.

Whether your loved one has been involved in a truck accident or you want to be informed in case one happens in the future, here are six mistakes to avoid after a truck accident.

1. Admitting Fault by Apologizing

Damages for truck accidents can reach millions of dollars. But you may be entitled to none of that if you admitted you caused the accident. That admission could be as simple as saying “sorry.” “I wasn’t looking.” “I must have been overspeeding and never saw your truck’s brakelights on time.”

Know that thing the cops say: “whatever you say can and will be used against you in the court of law”? 

It applies to personal injury cases too. Truck accident claims are highly contested, and since no trucking company or insurer is happy to part with a large sum of money, they may argue that the accident was your fault because you admitted as much.

It’s fine to feel messed up after an accident. But when liability is on the line and details are unclear, never admit or imply the accident was your fault, even when you feel that way. Establishing liability is your lawyer’s job.

2. Delaying Medical Treatment 

Not seeking immediate medical treatment is one of the costliest mistakes you can make after a truck accident. The medical record of your injuries resulting from the day of the accident serves as a primary piece of evidence in personal injury claims. It proves that your injuries occurred from the accident rather than days later.

Fail to seek treatment immediately, and the defendant can argue that your injuries probably resulted from some other incident days after the truck collision.

When it becomes your word against theirs, your claim becomes questionable. You don’t want that. So, it’s important to seek medical attention immediately, even when you feel fine. Some injuries like TBI may manifest days later, and internal injuries are invisible to the human eye.

3. Failing to Document Everything

Documentation is the foundation of any personal injury claim. The value of your claim is designed to reinstate you into your pre-existing financial situation before the accident. So for every penny you lost due to the accident, personal injury law entitles you to it.

As long as you can provide evidence.

And this evidence comes in the form of documentation. Every medical bill, every medication purchase receipt, transport expenses, or pay stubs missed because of the injury — keep them.

Any expense not accounted for is money lost forever.

4. Waiting Too Long Before Taking Action

One of the most consequential mistakes victims make after truck accidents is assuming there’s time. Unlike regular car accidents, truck accident evidence are more complex and can disappear quickly. Electronic logging devices have limited retention windows. The truck’s Black box data can get overwritten by the trucking company.

Federal regulations only require trucking companies to retain such information for six months. If you do not retrieve those pieces of evidence within that time frame, thinking you have two years, you may completely lose access to them. While undergoing treatment and recovery, you can have a lawyer attend to the evidence gathering process on your behalf. 

5. Posting on Social Media

Social media content can be used as evidence and is often admissible in court if relevant to the case.

Suppose your car was hit by a truck on July 1st. You claim you were seriously injured. But on July 3rd, you posted a picture of you at a birthday party. The defendant can argue that if your injuries were serious enough, it is unlikely that you would be having fun right after the fact.

Once doubt is cast on your claim’s credibility, liability is put into question, and how much compensation you’re entitled to may be affected.

6. Speaking with an Insurance Adjuster Before a Lawyer

This is arguably the most costly mistake of all.

And here’s why.

Average truck accident claims range from $100,000 to $500,000, reaching upwards of $1 million for severe or catastrophic injuries. That is no small amount. Because of how much money the insurance company stands to lose to you, they find ways to minimize your payout. One of the ways they do this is by contacting you quickly before you have the chance to get the full picture of your personal injury.

The insurance adjuster may ask how you’re feeling. It sounds like a nice gesture, but replying with “I’m feeling kinda better” can severely compromise your claim later. Remember, whatever you say can be used against you. And you are not required by law to give a recorded statement to the trucking company’s insurer after an accident.

Another tactic insurance companies use is to offer you a low amount (of course, you don’t know what’s low or high because you haven’t yet grasped the full long-term impact of your injuries). The accident left your family devasted, and in the heat of the moment, you might be willing to accept any offer you find and focus on recovery.

Unfortunately, that money can run out just two years into your long-term care, while you’re probably still battling PTSD, lost earnings due to incapacitation, or rehabilitation. And once you’ve accepted the insurance offer, there’s no going back.

How to protect yourself

To prevent any of this from happening, it’s important to speak with a Greenville truck accident lawyer before ever granting the adjuster a recorded statement.

By consulting with a knowledgeable attorney, you’ll be educated on the kind of statements to avoid. They also work to reconstruct the accident, gather evidence from black box records, establish liability, and round up a team of medical and financial experts to estimate the full long-term impact of your injuries.

Key Takeaway

In general, having strong legal counsel after a truck accident can shield you from other mistakes on this list. And remember that truck accidents are often serious; therefore, they are highly contested to minimize liability. You are up against a trucking company and insurers with the capacity to afford strong legal defense. That means you need equal legal counsel experienced in truck accidents.

To protect your rights and ensure you receive the compensation you need to pull through the tough times ahead, speak with a truck accident law firm within 24 hours after a truck accident.