Accidents involving commercial trucks can be devastating, resulting in severe injuries, property damage, and even fatalities. If you've been involved in a trucking accident, pursuing a personal injury claim is essential to recover damages for medical bills, lost wages, and pain and suffering. However, navigating the legal process is not an easy process on your own and can be very complex. There are common mistakes that can significantly impact the outcome of your case. Let's take a look at some of these pitfalls and how to avoid them.
Mistake 1: Not Seeking Medical Attention Immediately
One of the most critical mistakes you can make after a trucking accident is failing to seek immediate medical attention. Even if you believe your injuries are minor, some injuries may not show symptoms until later. Delaying medical treatment not only jeopardizes your health but also weakens your personal injury case. Insurance companies often use gaps in medical treatment as a reason to deny or devalue claims.
Always prioritize your health and well-being after an accident. Seek medical attention promptly, and follow your doctor's recommendations. Document all medical visits, treatments, and prescribed medications. This documentation will serve as crucial evidence in your case.
Mistake 2: Not Contacting Law Enforcement
Another mistake that a lot of people make is failing to contact law enforcement after a trucking accident. While some accidents may seem minor, having a police report can be invaluable in determining liability and establishing the facts of the incident.
Regardless of the severity of the accident, call the police and file a report. Provide a detailed account of the accident to the responding officers. This report will help clarify the events leading up to the accident, contributing to a stronger case.
Mistake 3: Admitting Fault at the Scene
Following an accident, it is completely normal and natural to feel shocked or disoriented. However, admitting fault at the scene will harm your case significantly. Avoid making any statements that imply you are responsible for the accident, even if you feel as though you may have contributed to it.
Stick to the facts when discussing the accident with others involved. Exchange contact and insurance information, but avoid apologizing or admitting guilt. Leave liability determination to the professionals, such as insurance adjusters and attorneys.
Mistake 4: Not Collecting Evidence
Effective evidence collection is vital in building a strong case. Failing to gather evidence at the accident scene can hinder your ability to prove liability and damages. Remember, the first thing you need to do is seek immediate medical help; however, if you can, gather as much evidence as possible. Take the following steps to collect evidence:
Photographs: Use your smartphone or a camera to take pictures of the accident scene, vehicle damage, road conditions, traffic signs, and any visible injuries.
Witness Statements: Obtain contact information from witnesses and ask them to provide statements regarding what they saw.
Truck Information: Record the truck's license plate number, company name, and driver's information.
Police Report: Obtain a copy of the police report, as it will contain valuable information about the accident.
Mistake 5: Communicating with the Trucking Company's Insurance Adjuster
After a trucking accident, you may receive a call from the trucking company's insurance adjuster. While they may seem friendly and concerned about your well-being, their primary goal is to minimize the company's liability and payout.
Politely decline to speak with the insurance adjuster until you've consulted with an attorney. Your lawyer can help protect your interests and ensure that you don't inadvertently say anything that could harm your case.
Mistake 6: Neglecting to Hire an Experienced Attorney
Perhaps one of the most significant mistakes you can make is attempting to handle your trucking accident case without legal representation. Trucking accidents involve complex legal and insurance issues, and the trucking industry has its own set of regulations.
Hire an experienced personal injury attorney who specializes in trucking accident cases. They will have the expertise and resources to investigate the accident, negotiate with insurance companies, and pursue legal action if necessary.
Mistake 7: Signing Settlement Agreements Prematurely
Insurance companies may offer quick settlement agreements in the hope of closing the case for less than it's worth. Accepting a settlement before fully understanding the extent of your injuries and damages can be a costly mistake.
Consult with your attorney before accepting any settlement offers. Your lawyer will evaluate the offer's fairness and negotiate on your behalf to ensure you receive adequate compensation for your losses.
Mistake 8: Ignoring the Statute of Limitations
Every state has a statute of limitations, which is the time limit within which you must file a personal injury lawsuit. Failing to meet this deadline can result in the dismissal of your case. In Illinois, if you have been injured in a car accident, you must file your case before two years have passed. We understand you may be in a battle to improve your physical and mental state following an accident and may not be up to start your legal fight right away. However, it is essential that you contact an attorney as soon as possible so that you have the best chance of getting compensation.
Mistake 10: Neglecting the Long-Term Impact
Don't focus solely on immediate medical expenses and vehicle damage. Trucking accidents can result in long-term physical, emotional, and financial consequences. Failing to consider these long-term impacts can leave you undercompensated.
Work with your attorney to assess the full extent of your damages, including future medical expenses, lost earning potential, and pain and suffering. Ensure that your claim accounts for all current and future costs.
Have You Been Involved in a Trucking Accident? Avoid Making a Mistake and Contact Wojcik Law
If you have been involved in an accident, we completely understand the stress and worry you are feeling. Our services are tailored to ensure that you get all of the help, advice, and compensation that you deserve. Our priority is assisting you throughout the entire process. So, if you have been involved in a trucking accident, avoid mistakes and get the compensation you deserve with Wojcik Law. Schedule a meeting with us today.