Truck accidents often result in catastrophic injuries that require a significant amount of time from which to recover. Motor carriers are aware of this, but they also know that you would be entitled to monetary compensation after you file accident claims against them and their driver. To avoid this possibility, they will do everything in their power to reduce the amount of money they would be required to pay, but you can avoid being taken advantage of in this manner if you do not make the following mistakes:
Failing to File a Police Report.
One of the biggest mistakes you can make is failing to file a police report after an accident with a delivery truck or some other type of truck. Police officers will arrive at the scene of the accident and investigate the causes of it. The police report will be evidence that your insurance company needs to prove that there was an accident. Believe it or not, insurance companies often deny that an accident took place if you don’t have paperwork documenting the fact that an accident did occur at the specific place and time.
In addition to denying that an accident occurred, the at-fault driver’s insurance company may state that a portion of the liability for the collision belongs in your lap. The at-fault driver’s company may even state that you are 100% responsible for the collision. For this reason, you must call 9-1-1 and report it. Police officers will write a report that contains several important pieces of information, including the phone numbers of the drivers, witnesses and passengers. It will also include the preliminary investigation that states which driver is responsible for the collision.
Failing to Take the Witnesses’ Contact Information.
Most people know that they must obtain the at-fault driver’s contact information. However, they often fail to record the witnesses’ contact information as well. You must ask for the witnesses’ contact information while you are at the scene of the accident. Otherwise, these people will be lost to you forever, and your Texas attorney will not be able to call them as witnesses.
Failing to Conduct Your Own Investigation.
If you are not badly hurt, you must make an effort to collect as much evidence as you can at the scene of the crash. Ask others to help you do so if you find this to be difficult. At the scene of the accident, the evidence is very fresh, and it needs to be preserved so that you can build a strong case.
Pictures and videos of the scene are highly important because accident reconstruction experts use them to determine how the accident occurred. You will need photographs of the at-fault driver’s license plate and the entire area where the accident took place. Try to show the weather conditions because this will help your case. In addition to photographs and video, you will also need a written account of what occurred before and after the accident. This will help you remember the facts of the case.
Failing to Obtain Emergency Medical Attention.
People decide that they are not injured right after the collision occurs, but this isn’t the time that you can determine this. During a collision, your body experiences an adrenaline rush that can prevent you from feeling the pain of your injuries. You may not begin to feel pain until two or three days later, but the at-fault driver’s insurance adjuster will be able to suggest that the injuries you experienced are the result of something that occurred after the accident. Avoid this scenario by going to the emergency room right after the accident so that medical personnel can document your injuries.
Agreeing to Sign a Medical Authorization.
The at-fault driver’s insurance adjuster will ask you to sign a release so that the insurance company can obtain your medical records, but the insurance company only needs to have the medical records that are associated with your accident. The at-fault driver’s insurance adjuster may give you an authorization form to sign that allows them to obtain all of your medical records even if they are not related to the accident. This means that they would have access to your personal information. This is something that you must avoid because the at-fault driver’s insurance company will try to use something in your past to prove that the accident is not the cause of your present injuries.
Before you sign anything, have your Texas attorney read it first. Anything that you sign may prevent you from being able to obtain the compensation that you are owed.
Exaggerating the Seriousness of Your Injuries.
People don’t often mean to do this, but sometimes, they will exaggerate the seriousness of their injuries. The at-fault driver’s insurance company can demonstrate that you have been exaggerating your injury claims by hiring a private detective to follow you around or watch your social media posts. Insurance companies often do this when a plaintiff claims to have very serious injuries. The insurance company will present evidence they find that contradicts what you have said about your injuries, and your credibility will be damaged in court or while you are negotiating a settlement.
The worst thing that could happen may not be that your case is damaged. If the other side can prove that you lied about your pain, you may be charged with insurance fraud. A conviction on insurance fraud charges can be detrimental to your entire life. For example, it could impact your professional life, your personal life and even your life in your community.
Downplaying Your Injuries.
You shouldn’t exaggerate your injuries, but you also must not downplay the seriousness of your injuries. This is not just for the sake of your insurance claim. Failing to inform your doctors on how injured you are can make it more difficult for them to treat your injuries. It also makes rehabilitation more challenging. If an ambulance arrives at the scene of your collision, allow the medical personnel to treat you even if you don’t think you were hurt.
Not Remembering Your Non-Economic Losses.
You will incur monetary losses after a collision with a delivery truck, but because of the potential seriousness of your injuries, you could also have non-economic losses. For example, having to file an accident claim means that you will be experiencing a greater amount of stress. Once you begin to drive again, you may experience stress because of your accident, and you may even find it difficult to get a good night’s sleep because of everything that has happened.
If a loved one died in the collision, this will increase your level of stress even more. You may even suffer permanent disfigurement, and the mental suffering will be permanent. You must remember to mention these non-economic losses when you discuss your case with your attorney. Some of the non-economic losses you may be entitled to receive include loss of consortium and pain and suffering.
Speaking with the At-Fault Driver’s Insurance Adjuster.
You should avoid speaking to the at-fault driver’s insurance adjuster at all costs without your attorney present. So, you should not agree to give a recorded statement without your Texas attorney. The at-fault driver’s insurance adjuster will ask you questions, and you will answer them. This appears to be harmless, but the adjuster will record these statements, and if your attorney isn’t present, you may say something that will inadvertently damage your case. The at-fault driver’s insurance company will present this recording during the trial or while negotiating a settlement, and the damaging statements that you made will hurt your case.
Failing to Follow Your Doctor’s Orders.
You must follow your doctor’s advice for your treatment. If you fail to do so, the at-fault driver’s insurance company will suggest that you aren’t as injured as you claim to be, and the value of your case will go down. Even a Texas attorney would not be able to win a settlement for you that is worthy of your pain under this circumstance.
Accepting a Settlement without Consulting with an Attorney.
You may experience financial difficulties because of your accident. If you are significantly injured, you may be forced to miss work while you recover. Insurance companies hope that this will be the case for you so that you will go away after they offer you a small settlement in the beginning. The first offer that an insurance company will make is going to be much lower than your claim is worth. Don’t consider any offers before you have a chance to hire a Texas attorney.
Failing to Fight Aggressively for the Compensation that You Are Owed.
You have a lot of concerns after you have been involved in a truck accident. Your main concern is your health, so this concern can keep you from pursuing accident claims that ensure that you receive the monetary compensation you need. You will need to file your claim as quickly as you can because this will ensure that you have enough time to compile a strong case against the at-fault driver. Having a strong case is the only way that you can demonstrate to the court that you are entitled to the largest settlement possible.
This can be scary for people, but you don’t have to take any step in this process on your own. Personal injury attorneys will represent you from the beginning of the claims process until the end. Your attorney will take the reins for you so that you don’t have to worry about anything other than healing from your injuries. A personal injury attorney will be the one to make sure that your life is back on track where it belongs.
Providing Updates on Your Condition on Your Social Media Pages.
The at-fault driver’s insurance adjuster will not hesitate to look up your social media accounts to find out if you posted anything incriminating. For example, you may post a photograph or make a statement that undermines your case. If you were to post a recent photograph of you doing something that you claimed you were too injured to do, it would harm your case.
Missing Important Deadlines.
You may be required to submit paperwork by a particular deadline. If this is the case, you must ensure that you do this long before the deadline passes. If you are mailing the documents, it’s possible that they may not arrive in time, so avoid this by mailing them in advance of the deadline.
Failing to Hire a Personal Injury Attorney.
Truck accidents are much more complex than accidents between smaller vehicles. That’s why you shouldn’t assume that you can converse with the at-fault driver’s insurance company about this matter. You do not have the extensive legal knowledge that fully licensed attorneys have, so it is to your advantage to hire an attorney if you are going to file a claim against the at-fault driver. This will be even more important if you determine that the best course of action to take is filing a lawsuit.
Insurance adjusters know that you are not an expert on the law, and they will use this to their advantage. For this reason alone, you must hire a Texas attorney to protect your interests from the beginning. Your attorney has the experience to fight for you in a court of law or during negotiations for a settlement. If you were involved in a collision with an 18-wheeler, it would just be too overwhelming for you to handle on your own. An attorney can maximize the amount of compensation that you would receive, so don’t do this alone.
Insurance companies are known for fighting with everything that they have to prevent from paying you a fair settlement. Avoid the above 15 mistakes so that an insurance company cannot deny you the monetary compensation that you deserve.