A truck accident can leave individuals overwhelmed and unsure of what steps to take next. After such a traumatic and life-altering event, you need to gather your thoughts, prioritize your well-being, and take appropriate actions to protect yourself both physically and legally.
After a truck accident., you need to seek medical attention, document evidence, and understand your legal options. A truck accident lawyer can tell you how to effectively handle a truck accident and protect your rights.
Seek Medical Attention
If you haven’t already, seek medical attention because you need to:
- Identify hidden injuries: Some injuries, such as internal bleeding, whiplash, or traumatic brain injuries (TBI), may not be immediately apparent with pain or other symptoms. A medical professional can thoroughly examine you and run necessary diagnostic tests to identify any injuries.
- Document your injuries: Seeking medical care creates a record of your injuries and their connection to the accident. Such documentation becomes crucial to your truck accident injury claim for compensation for medical expenses, as it establishes a link between the accident and your injuries.
- Treat your injuries: Prompt medical attention can prevent complications and ensure appropriate treatment. Delaying treatment can worsen your injuries or lead to more severe health issues.
- Strengthen your injury case. Insurance companies and legal professionals often consider delays in seeking medical attention as an indication that your injuries may not be severe or directly caused by the accident. When you get medical attention immediately, you decrease the chances that this will become an issue in your case.
- Reassure yourself: Even if you don’t think your injuries are severe, getting checked by a medical professional can provide peace of mind. Your medical provider can address any concerns, answer your questions, and guide you on necessary follow-up care.
Make your health a top priority after an accident. Seeking medical care ensures your injuries are properly assessed and treated, and it also establishes a medical record that can support any legal or insurance claims you may pursue.
Continue Any Necessary Medical Care
Medical care will continue for many truck accident injuries after the initial post-accident ER or doctor’s visit. Follow your doctor’s instructions regarding activity restrictions, returning to work, physical therapy, doing additional diagnostic work, and attending follow-up appointments.
Suppose the insurance company for the at-fault party finds out that you haven’t followed your doctor’s orders and aren’t committed to doing what it takes to recover from your injuries. In that case, they will likely use that against you, decreasing the chances that you will receive adequate financial recovery after the accident.
Speak with a Knowledgeable Truck Accident Attorney
Once you are medically stable, meeting with an attorney after a truck accident is highly recommended for several reasons. The sooner you meet and hire one, the sooner you can protect your legal rights.
Insurance companies and trucking companies often have teams of lawyers working on their behalf. Having your own truck accident attorney ensures that your rights are protected and that you have someone advocating for your best interests.
An attorney who handles personal injury and truck accident cases has the necessary knowledge and experience to navigate the complex legal process in your state. They understand the laws, regulations, and procedures relevant to your case and can provide experienced guidance.
For example, they will know:
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- The statute of limitations that applies to your case
- How much your damages are worth, and if there are any caps or limits that apply to them
- If you may be eligible to receive punitive damages
Determining liability in a truck accident can be challenging. Multiple parties can be potentially responsible, including the truck driver, the trucking company, the truck manufacturer or its parts, or even other entities involved in maintenance or transportation.
An attorney can investigate the accident, gather evidence, hire an accident reconstructionist if necessary, and help determine who should be held accountable. They will also determine what insurance policies may be available for you to seek compensation from.
Building a solid case requires gathering evidence promptly.
A truck accident attorney can help collect crucial evidence such as:
- Accident reports
- Witness statements
- Photographs
- Surveillance footage
- Other relevant documentation
They also have access to resources that can aid in accident reconstruction, if necessary.
After being involved in a truck accident, dealing with insurance companies can be daunting and overwhelming. Your attorney will handle all communications and negotiations with insurance companies on your behalf.
Lawyers are familiar with the tactics often employed by insurance adjusters to devalue or even deny your claim. They can ensure you receive fair compensation for your injuries, medical expenses, property damage, lost income, and other damages.
Truck accidents often result in severe injuries and significant damages. An experienced attorney can assess the full extent of your economic and non-economic losses and work to secure maximum compensation for your case. They can help calculate the value of your claim and consider future medical expenses or the long-term effects of the accident.
If your case goes to court, your attorney will represent you and present your case before a judge and jury. They have the litigation skills to build a strong courtroom strategy and effectively present your evidence.
Consulting with an injury attorney after a truck accident can provide guidance, support, and legal experience to protect your rights and pursue a fair resolution for your case. It should be one of your top priorities so that you can receive full and fair compensation for your injuries.
Save Accident-Related Documentation
Gathering and saving relevant documentation to support your claim is crucial when pursuing a personal injury case after a truck accident.
Here are some key documents you will want to collect and preserve so that you can share them with your attorney:
- Accident report: Obtain a copy of the official accident report filed by the police. It contains important details about the accident, including the date, time, location, parties involved, and any citations or violations issued. You or your attorney can order this report from the responding law enforcement agency.
- Medical records: Keep copies of all medical records related to your injuries. This includes emergency room records, hospital records, doctor’s notes, diagnostic test results, prescriptions, treatment plans, and invoices for medical expenses. These documents demonstrate the extent of your injuries and the medical care you received.
- Photographs and videos: Besides paper documents, preserve visual evidence of the accident scene, property damage, injuries, and road conditions. These visual records can be powerful evidence to support your case. You can also include photos of your injuries taken at different stages of your recovery.
- Witness statements: If there were witnesses to the accident, obtain their contact information and statements. Their testimonies can corroborate your version of events and help establish liability. If you couldn’t speak to potential witnesses at the scene, don’t worry. Your attorney can likely locate this information on the accident report.
- Insurance correspondence: Keep copies of all communications with insurance companies involved in the case. This includes letters, emails, and any written or recorded statements you provided during the claims process. You need a record of all interactions with the insurance company. When your attorney takes over your case, they will take over this record-keeping for you, giving you more time to rest and recover from your injuries.
- Employment records: If your injuries caused you to miss work or resulted in a loss of income, you will want to gather documentation to support your claim for lost income. This may include pay stubs, income tax returns, and letters from your employer confirming your absence and the impact on your earnings.
- Property damage documentation: If your vehicle or other personal property sustained damage in the accident, keep records of repair estimates, invoices, and photographs of the damage. This will establish the extent of property damage and the associated costs.
- Journal or diary: If you can maintain a record of your personal experience, including pain levels, the impact of injuries on your daily life, emotional distress, and any other relevant details, you can provide a comprehensive account of how the accident and injuries have affected you physically, emotionally, and financially.
Remember to store these documents in a safe and organized manner. Consider making digital copies or using cloud storage to ensure their preservation. Your truck accident lawyer can help you understand the specific documentation requirements and provide guidance tailored to your case.
Don’t Talk to Insurance Adjusters
While you should report the truck accident to your insurance company as soon as possible, communicate carefully with insurance adjusters or anyone from insurance companies, especially without proper legal representation.
Here’s why you should hire a lawyer to speak to insurance adjusters after a truck accident:
Admissions of Fault
Insurance adjusters may try to elicit statements from you to use your words against you or twist statements to minimize or deny your claim. They may ask leading questions or try to get you to admit fault or downplay the severity of your injuries. Remember that anything you say during these conversations can possibly jeopardize your claim later.
Lack of Legal Knowledge
Insurance adjusters are trained professionals who handle claims regularly and are well-versed in insurance policies and related legal processes.
As a layperson, you may not know:
- Your rights
- The extent of coverage
- The value of your claim
Insurance adjusters will happily take advantage of unsuspecting claimants who don’t have a lawyer representing them.
Quick Settlement Offers
Insurance adjusters may pressure you to accept a quick settlement offer, often before you fully understand the nature and extent of your injuries or the long-term consequences they may have. These early settlement offers are often lower than you may be entitled to and may not adequately compensate you for future medical expenses or other damages.
Without advice from an experienced truck accident attorney, you may unknowingly agree to a settlement far below what you deserve. Unfortunately, in these cases, you typically have no recourse. The matter is over once you agree to a settlement, sign on the dotted line, and have a check in hand. Discussing your claim with an attorney before agreeing to a settlement is always in your best interest, even if you need the money right now.
Complex Legal Matters
Truck accidents sometimes involve multiple parties and complex legal issues. Insurance adjusters may try to navigate these complexities in favor of their company, providing an excuse to offer settlements that aren’t in your best interest. With the right attorney, you can protect your rights and recover fair compensation.
Legal Pitfalls
Insurance policies have specific provisions, limitations, and deadlines that may impact your claim. Without proper legal guidance, you may unintentionally make statements or take actions that can jeopardize your claim or limit your ability to pursue legal recourse.
In addition, your insurance adjuster can lead you astray and indicate that you have no legal right to compensation. Never rely on an insurer’s word without confirming information with a legal professional.
Consult with a Truck Accident Attorney Near You
Always consult with a truck accident lawyer before engaging in discussions with insurance adjusters. Your attorney can handle communications with the insurance company on your behalf, provide legal advice, evaluate settlement offers, and negotiate for a fair resolution of your claim.
Most truck accident attorneys work on contingency fees. This is good news, as you don’t need to pay your attorney upfront for their services. They only get paid if you receive money for your claim through a settlement or a court award. Don’t wait; contact an personal injury attorney today to exercise your legal rights after a truck accident.