Just because truck accident fatalities are less common than with civilian vehicles doesn’t mean they don’t happen. In recent years, trucking fatalities have increased by 13%. It’s more dangerous than ever to be a trucker on the road.
Chances are, an accident may force you to take your case to court. This case could determine your future employment and your finances when dealing with an injury. That’s why it’s so important to educate yourself and avoid errors with truck accident lawsuits.
In this guide, we are here to help you out. Before you begin the lawsuit filing process, here are seven errors you should avoid with your truck accident case.
1. One of the Biggest Errors with Truck Accident Lawsuits: Failure to Gather Evidence
Being in a crash is terribly disorienting. You are often stuck far from any city centers with no transportation. You may have injuries, and may have to ensure that other parties are okay.
All of this stress after a crash can lead you to forget about the most important thing: evidence. Truck accident lawsuit documents should include witness statements, insurance information, and pictures.
Gather as much evidence as you possibly can from the scene. It may be inconvenient and uncomfortable, but you will be very glad you did so later.
2. Waiting to Receive Medical Attention for Your Injuries
If you are not at fault in an accident, you can get compensation for your truck accident injury. However, many continue to make the same mistake in their cases. They wait until they have received full compensation before they go to the doctor.
For starters, your compensation will be based on your injuries. A doctor needs to certify that the injuries are a result of the crash. If you wait a few days, weeks, or months, the defendant can claim your injuries are unrelated to the crash.
3. Posting on Social Media
Everyone is guilty of this at some point or another. You’re angry and frustrated with your case, so you post about it on Facebook to get validation from friends. This might make you feel good, but it can present trouble for your truck accident case.
The defendant and judge can and will use this against you. Social media posts can misconstrue your actions and intentions. Even if you are clearheaded and avoid saying anything incriminating, just avoid social media out of principle.
4. Failing to Consult with a Lawyer
Lawyers have done this a thousand times, so they know exactly how the process goes. That’s why it’s a big mistake to wait too long to get legal counsel.
Lawyers know all the steps that you need to take to maximize your compensation. They can get the most favorable results, especially for reducing penalties and strikes against your license.
Go to alphaaccidentlawyers.com to find lawyers ASAP for your trucking case. They will be a vital tool as you begin to litigate.
5. Accepting Any Settlements from the Insurance Company
Insurance companies do everything they can to pay you as little as possible. One of the most common tactics they use is to trick you into accepting a low payout.
Fresh after the accident, an insurance adjuster may contact you and immediately offer a seemingly large payout. But unbeknownst to you, this payout is comparatively small. Were you to pursue a higher payout in court, it could be many times larger.
Just as a general principle, you should not speak to the insurance company without your lawyer at your side. This way you avoid the many ways they could take advantage of you.
6. Providing Statements Without Your Lawyer
Providing statements to insurance companies, the police, and the court is more difficult than it seems. You may feel that it is the right thing to be comprehensive and admit everything. But in reality, it’s in your best interests to admit only certain things, and to a certain degree.
This is not because you should lie or anything of the sort. Rather, it’s about knowing how insurance companies and the police may take advantage of you. They may be attempting to trick you into saying things you should not or did not admit to.
Anytime you have to send some form of official communication, have your lawyer at your hip. Let them assist you in crafting responses that won’t land you in hot water.
7. Missing the Lawsuit Filing Deadline
In some cases, you may decide to file suit concerning an accident that happened years ago. Or, you may decide to wait until a better time. Both of these could be bad ideas.
In every jurisdiction, there exists a statute of limitations. In layman’s terms, this means that courts will only prosecute cases going back a certain amount of years. So if the statute of limitations in your state is 20 years, then you cannot file suit for a truck accident from 20 years ago.
This shouldn’t stop you from delaying your case a little bit for necessary reasons. However, you should have a clear idea of when it is too late to file it. If you decide to file the day before the statute of limitations runs out, you are going to run into trouble.
Fight Your Truck Accident Case Today
Lawsuits with a truck accident case may be inevitable when you are up against insurance companies and troublesome third parties. But your chances of success are much lower if you try and go at this alone. Hire a lawyer and avoid all of the most common errors with truck accident lawsuits.
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