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The Do’s and Don’ts After a Truck Accident
Truck accidents can be some of the most devastating on the highways in Indiana. These vehicles make collisions with other cars particularly dangerous and can cause catastrophic injuries that affect the life of your family. But also, they can be devastating if you suffer from serious injuries that affect the course of your life, along with economic damages.
Therefore, in the aftermath of a truck accident, it’s crucial to act quickly and strategically to ensure victims receive appropriate medical care, and to ensure your legal rights are protected.
This guide will provide an in-depth look at the do’s and don’ts of a truck accident case, including important legal considerations and evidence-gathering techniques.
Do’s in a Truck Accident Case
When involved in a truck accident, it’s essential to know what actions you should take to protect your legal rights and maximize your compensation. Here are some do’s to consider:
Seek medical attention
In any accident, your health and safety should always come first.
Even if the accident seems minor, it’s crucial to seek medical attention and have an official police report and medical documentation of any injuries sustained. These documents can provide critical evidence to support your case and help determine fault.
Get contact information of the parties involved
It’s important to gather contact information, insurance details, and the trucking company’s name and address of all parties involved in the accident. This information can help you contact the responsible parties and file a claim or lawsuit.
Additionally, Indiana Code § 9-26-1-1 requires drivers to report accidents involving injury, death, or property damage exceeding $1,000 to the local police department, sheriff’s office, or state police within ten days.
Collect evidence
Visual evidence can be essential in supporting your claim, especially if the accident scene is cleared or damages are repaired. In addition to obtaining a police report, capture images of the vehicles, property damage, road conditions, and any injuries sustained, along with evidence of medical malpractice, which can sadly occur when your injuries demand severe medical intervention.
Find a personal injury attorney
Consulting with a local attorney can help you understand your legal options, assess the damages, and negotiate with the other parties involved. Indiana law allows for the recovery of economic damages such as medical expenses, lost wages, and property damage, as well as non-economic damages like pain and suffering, but it’s key to build a strong case to prove negligence and damages.
By working with Christie Farrell Lee & Bell, you can increase your chances of maximizing your compensation and protecting your legal rights.
Contact your insurance company
After seeking medical attention, report the accident to your insurance company as soon as possible. Your insurance company can guide you through the claims process and help you understand your coverage options, but it’s better to count on the help of a personal injury attorney to make sure your rights are protected.
Don’ts in a Truck Accident Case
Avoiding certain actions after you suffered a truck accident can help protect your legal rights and ensure you receive appropriate compensation. Here are some don’ts to keep in mind:
Admit fault
Admitting fault at the scene of a truck accident, even if it was unintentional, can be used against you later on. It’s crucial to understand that fault determination is a complex process that requires careful analysis of the evidence and eyewitness accounts.
Therefore, avoid making any statements that might be construed as an admission of fault or liability, and don’t speculate about the cause of the accident.
Keep in mind that fault can be assigned to more than one party in some cases, including the truck driver, trucking company, vehicle manufacturer, and even government entities responsible for maintaining the roads. It’s best to leave the fault determination process to the professionals and focus on gathering evidence and protecting your legal rights.
Sign anything without legal advice
It’s important to understand that signing any document without legal advice can have serious consequences for your case. For instance, if you sign a release of liability, you might be waiving your right to pursue compensation for your injuries or damages caused by the accident.
Insurance companies and trucking companies are businesses that are primarily concerned with their bottom line, which means they may try to pressure you into signing a document that’s not in your best interest. They might also try to make you settle quickly for an amount that’s lower than what you deserve.
That’s why it’s crucial to consult with an attorney before signing any documents. A personal injury attorney can review the documents, explain the legal terms and implications, and negotiate with the other parties involved to ensure you receive the compensation you deserve depending on the damages and injuries you suffered.
Some of the most common recoverable damages from a truck accident include:
- Medical expenses: this includes any medical treatment, hospital stays, surgery, medication, and rehabilitation required due to the accident.
- Lost wages: if you missed work due to the accident, you may be able to recover lost wages.
- Property damage: if your vehicle was damaged or destroyed in the accident, you may be able to recover the costs of repair or replacement.
- Loss of earning capacity: if your injuries prevent you from working or earning the same amount of money as before, you may be able to recover compensation for the loss of future income.
Delay medical treatment or legal action
Delaying medical treatment or legal action can have serious consequences for your health and your ability to seek compensation for damages. After a truck, car, or even an accident involving a motorcycle, it’s important to seek medical attention as soon as possible, even if you don’t feel any immediate pain or symptoms.
This is because some injuries may not become apparent until hours or days after the accident and delaying medical treatment could result in a more severe injury or complications that could have been prevented with prompt medical attention.
And if you or the accident victims don’t look for medical treatment promptly, it can be harder to prove negligence from the other parties, and the personal injury claim might not cover the real cost of the damages you suffered.
If you or your loved ones suffered a truck accident, don’t hesitate in contacting our Indianapolis truck accident attorneys. Request a free consultation and get legal advice to know how to proceed.