Filing a claim after a major collision can be difficult, and small missteps can carry big consequences. As a truck accident lawyer might explain, truck crash claims follow different procedures than typical car accidents, and missing certain steps can jeopardize your right to compensation.
Delaying Medical Treatment After The Crash
One of the most damaging mistakes injured parties make is delaying medical care. Insurance adjusters may argue that your injuries weren’t serious, or weren’t caused by the crash at all, if you wait too long to get checked out.
Even if you think you’ll feel better in a few days, it’s important to be examined immediately after the collision. Delays, gaps in treatment, or failure to follow up on recommendations can all be used to dispute the severity or origin of your injuries.
Speaking To Insurers Without Legal Advice
Another misstep is giving recorded statements to the other party’s insurance company. Adjusters often ask loaded or open-ended questions that are later used against you.
Be careful not to speculate about the accident, minimize your injuries, or assign blame to yourself. In many cases, your statement can be used to reduce or deny your claim. Having legal guidance before speaking with insurers helps protect you from inadvertently weakening your case.
Overlooking Driver And Company Violations
Truck accidents are a multi-faceted legal area and often involve long, complex investigations. Some information relevant to the case includes: federal safety regulations, driver logs, maintenance records, and fleet policies. Without investigating those details, important evidence of negligence could fly under the radar and be unable to support your case. An experienced injury attorney who is familiar with trucking cases will know to analyze dash and traffic camera data, look for safety regulations violations, and investigate past company citations. Without these steps, your case may rely only on surface-level facts, leaving significant liability on the table.
Settling Too Early For Too Little
One of the most common errors is accepting a quick settlement before you understand the full impact of your injuries.
Truck crashes often involve severe trauma, spinal injuries, head trauma, or long-term impairments that may not be fully diagnosed for weeks or months. If you settle early, you usually give up your right to further compensation, even if future surgeries or complications arise. A calculated delay in settling, with medical documentation to support the long-term effects, can result in significantly higher outcomes.
Ignoring Comparative Fault Arguments
In many states, your compensation can be reduced if you are found partially at fault. The trucking company may argue that you were speeding, not wearing a seatbelt, or contributed in some way to the crash.
If you fail to counter these claims with clear evidence, you risk a substantial cut in your compensation, or dismissal altogether if your share of fault crosses a legal threshold. Preserving accident scene photos, locating witnesses, and consulting with specialists can help minimize these arguments.
Trusting The System Without Legal Support
Truck crash cases often pit injured individuals against corporate insurers with significant legal resources. Relying on a fair outcome without legal representation can be a costly mistake.
As our friends at Law Offices of David A. DiBrigida can share, these cases demand close attention to timing, evidence, and legal strategy. An attorney who understands trucking regulations and injury law can level the playing field. Mistakes in the early stages of a truck injury case can reduce or eliminate your chance of recovery. Whether it’s preserving records, avoiding damaging statements, or pushing back against low offers, informed choices make all the difference. Talk to a lawyer in your area today.