You're driving on I-95 when a semi-truck suddenly veers into your lane. Metal crunches against metal as the massive truck slams into your car, sending you careening off the highway.
After a serious truck accident, it's easy to make mistakes that could undermine your right to fair compensation for medical bills, lost wages, and other losses. At Dulaney, Lauer & Thomas, our Virginia truck accident lawyers help crash victims avoid these pitfalls and get the maximum recovery they deserve.
Keep reading to learn about five truck crash claim errors that can wreck your truck accident injury claim and how our knowledgeable legal team can protect your interests every step of the way.
Mistake #1: Not Calling Police to the Scene
When you've just been through the trauma of a crash, you may want to exchange information with the truck driver and go on your way, especially if your car is still drivable. However, not calling 911 is a big mistake for several reasons:
- Ensuring prompt medical care. Truck accidents often cause serious injuries that may not be immediately apparent, like internal bleeding or brain trauma. EMTs can evaluate your condition, provide emergency treatment, and transport you to the hospital.
- Documenting the accident. Police will generate an official accident report noting vehicle damage, road conditions, skid marks, and statements from parties and witnesses. This report provides critical evidence for your injury claim.
- Complying with state law. If the crash caused injury, death, or property damage over $3,000, you're legally required to report it. The police report also helps your insurance claim.
Mistake #2: Skipping or Delaying Medical Treatment
Another common truck crash claim error is refusing medical attention at the scene or putting off seeing a doctor after a truck accident. You may think you're not that badly hurt or assume the pain will go away on its own.
However, delaying treatment is dangerous to your health and legal claim. Some serious injuries, like concussions or organ damage, may not show symptoms right away. Promptly getting checked out helps diagnose and treat all your injuries before they worsen.
From a legal perspective, gaps in treatment make it harder to connect your injuries to the accident. The trucking company may argue you weren't really hurt or that your conditions are unrelated. Medical records are key evidence in your claim, so always seek treatment immediately, follow your doctor's orders, and don't miss appointments.
Mistake #3: Giving a Recorded Statement
Shortly after the accident, a trucking company's insurance carrier representative will likely contact you asking for a recorded statement about what happened. They may come across as sympathetic and say they need your side of the story to process your claim.
However, the insurance adjuster's goal is to find ways to limit what they have to pay out. They hope you'll say something that can be used against you later, like admitting partial fault or downplaying your injuries. Agreeing to give a recorded statement without consulting a lawyer can seriously damage your case.
The best approach is politely declining to give a recorded statement and referring the adjuster to your truck accident attorney. Your lawyer can provide any necessary information without harming your claim.
Mistake #4: Accepting a Quick Settlement
The trucking company's insurer may offer you a fast settlement soon after the crash, before the full extent of your injuries and losses is known. It’s tempting to take the money and put the accident behind you. But settling too quickly is often a huge mistake.
Some injuries require ongoing treatment or even surgeries down the road. You may be unable to return to your job for months or need occupational therapy to get back to work. The first offer is rarely enough to cover the actual long-term costs.
Once you accept a settlement, you typically can't go back and ask for more money later if your bills keep adding up. It's critical to have an experienced attorney assess your case value, including future expenses, and negotiate for a full and fair settlement.
Mistake #5: Missing Legal Deadlines
If you wish to file an injury lawsuit against the trucking company, be aware of Virginia's statute of limitations. In most cases, you have just two years from the accident date to file your claim. If you miss that window, the court will likely dismiss your case.
However, certain factors can affect this timeline. To protect your rights, it's best to consult a Virginia truck accident lawyer as soon as possible so they can ensure you meet all the necessary deadlines.
Critical evidence, such as truck black box data, GPS records, and driver logs, must be preserved quickly after a crash. A skilled attorney will send a spoliation letter to prevent the trucking company from destroying key evidence needed for your claim.
We Help Truck Accident Victims Maximize Their Compensation
Commercial truck accident cases are complicated, often involving state and federal regulations, multiple defendants, and the trucking company's legal team fighting to minimize payouts. A strong legal advocate will help you avoid truck crash claim errors and give you the best chance of securing full and fair compensation.
At Dulaney, Lauer & Thomas, our accomplished Virginia injury attorneys have a track record of standing up to trucking companies and insurance carriers. We know the common tricks and tactics they use to limit liability and have the skills and resources to hold them accountable.