Ready to stop your truck wreck personal injury claim from falling into these trending mistakes?
Thousands of people collide with semi-trucks each year and immediately ruin their chances at fair compensation by making serious legal mistakes. In fact, NHTSA's latest crash data shows that 5,472 people died in large truck crashes in 2023.
The good news is that most of these mistakes can be easily avoided. But only if you know what they are.
In this article:
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The Biggest Legal Mistakes After a Truck Wreck
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Why Truck Accident Claims Are Different
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How To Avoid Destroying Your Own Case
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The Smartest Move You Can Make Right Now
Why Truck Wreck Personal Injury Claims Are Different
Truck wreck personal injury claims are different from regular car accident claims. Here's why:
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Federal Regulations: Semi-trucks are regulated by the federal government (not your state) making them unique.
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Multiple Parties Can Be Held Liable: Whoever caused the collision may not be the only party responsible.
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Catastrophic Injuries: Big rigs cause severe accidents. Truck wreck victims tend to sustain life-changing injuries.
Due to these factors, truck wreck claims require a lot more legal care. It's important to hire a truck accident lawyer who understands the complexities of these cases, from negotiating with large insurance companies to identifying all liable parties involved.
The Biggest Legal Mistakes After a Semi-Truck Collision
Avoid these trending legal mistakes that cost innocent victims across the country their rightful settlements.
Not Seeking Medical Attention Immediately
Wait…. People actually need to be told about this top mistake?
After being involved in a collision with a semi-truck, many people fail to see a doctor right away. Injuries can take time to appear and pain killers can mask symptoms. So it's common to hear, "I didn't go to the doctor because I felt fine."
The problem is insurance companies pick apart these kinds of statements and use them against you. If you go to the hospital the day of the accident, they can't claim the injuries happened somewhere else.
Always seek medical attention ASAP.
Talking To ANY Insurance Adjuster
Trucking companies have lawyers. They also have aggressive insurance adjusters. Both will make contact after the collision in an attempt to pay out as little as possible.
Read also: Understanding Long-Term Health Impacts of a Slip and Fall
Do NOT give them detailed answers about the accident or agree to record a statement. Never admit fault, even partial fault.
Anything said can come back to hurt the claim.
Consult with a lawyer before giving statements to anyone other than your own insurance company.
Accepting The First Settlement Offer
If you have had a semi-truck collision and they offer to settle… refuse it.
Insurance companies make low offers because they know people need money ASAP. But acceptance of it is unwarranted just the same.
The medical bills that result from truck wrecks can go up into the six-figures. Injuries may demand care for longer than anyone has begun to think of.” And the power to both come and work may be hindered in perpetuity.
The final extent of the injuries would not be known for weeks, or in some cases months. If the first is accepted, odds are it was a lowball.
Seek professionals before you sign anything.
Neglecting To Collect Evidence
The sooner you move, the more evidence you can collect.
After a semi-truck crash, there is debris, skid marks, witnesses … Everything evaporates quickly. Within hours of the crash, trucking companies are likely to dispatch their own teams to the scene and begin working to cover their tracks.
If physically able, document everything:
- Record video evidence of the damage with your phone
- Photograph the trucks at rest on scene
- Get contact information from witnesses
- Photograph any visible injuries
This type of evidence can be key in a truck wreck injury case.
Collect evidence and build the case.
Read also: The Impact of Criminal Records on Disability Claims
Waiting To Contact A Lawyer
Miss the deadline and the claim could be dismissed regardless of who was at fault.
State laws vary when it comes to personal injury claims, but waiting too long to take legal action is a costly mistake. Each state has a deadline called the "statute of limitations" by which a lawsuit must be filed.
In truck wreck cases, that deadline is usually between one and three years. But the more time passes, the tougher it is to develop a case.
Anything from electronic logs truckers are required to keep, to vehicle maintenance records and other evidence may be obliterated for good if legal action isn’t taken to preserve it.
Do not give insurance companies time to destroy evidence.
Blaming Solely The Rider Assumes that only the rider is to blame
Human nature being what it is, we’re inclined to think the truck driver is entirely at fault.
While that may be the case many times, there are numerous other parties that could share fault. In roughly 70% of fatal truck crashes, the victims were occupants of other vehicles — meaning the causes behind these collisions often involve more than just the driver.
Potentially liable parties include:
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The trucking company for negligent hiring or scheduling
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Cargo loaders for improper loading procedures
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Manufacturers for poorly maintained or defective parts
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The maintenance provider for mechanical failures
An experienced lawyer will know who to look for and how to investigate all liable parties.
Posting About The Accident On Social Media
This should be obvious, but you'd be surprised…
Insurance companies troll social media all day looking for reasons to pay out less on claims. Victims who say they're in pain online while simultaneously appearing to live normally can destroy their own cases.
Read also: How to Leave a Job Without Losing Your Professional Reputation or Legal Rights
Social media can tank a claim. Keep it private.
Do NOT post about the accident, recovery, or anything in-between until the case is settled.
The Smartest Move You Can Make After a Semi-Truck Collision
If someone suffered a catastrophic injury in a collision with a semi-truck, life is going to change. There's not much that can be done about that part. But there is one thing that ensures protection:
Hire a qualified attorney.
A truck accident lawyer can preserve evidence that most people wouldn't think to collect. They'll handle all communication with insurance companies and fight to secure the compensation that's needed and deserved.
Getting a lawyer will relieve a lot of the stress involved. Plus, they work on contingency which means there's no upfront cost.
Truck wreck personal injury victims who hire a lawyer tend to receive significantly larger settlements than those who don't.
Bringing Your Truck Accident Claim Into Focus
Here's the problem with most of these truck wreck mistakes:
People make them unintentionally.
Through anxiety, desperation to get back to normal, or pure unawareness. Every mistake on this list can be avoided by staying levelheaded and thinking before acting. But it's easier said than done after a traumatic accident.
Here are the biggest things to remember:
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See a doctor immediately.
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Don't accept any settlement offers without professional advice.
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Hire a lawyer to protect your interests.
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Preserve all evidence and stay off social media.
Large truck collisions are serious and have deadlines attached to them. Taking these proactive measures can help avoid the trending legal mistakes people make after a semi-truck collision.
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