There are many mistakes to avoid after a truck accident in Virginia Beach. Our knowledgeable and dedicated attorneys at Cooper Hurley Injury Lawyers can help you avoid these errors if you were recently in a crash with a truck. Our team can handle the legal process while you focus on your physical recovery.
Admitting Fault After a Truck Accident
Following a wreck, it is advisable to contact the police and allow the police to take care of any exchange of information that is necessary, such as names, contact information, insurance carriers, and the like. A lot of times, after someone has been in a trucking wreck, they are going to have a multitude of emotions, physical pain, and adrenaline running through their body. This person is not necessarily in an appropriate state to evaluate what just happened and to assess who did what wrong or right.
For that reason, it is important not to make broad statements, such as admitting fault for a wreck. The incident needs to be evaluated in its proper context, without any emotion and when someone is in a full and appropriate state of mind to evaluate what happened.
Refusing Medical Treatment is a Mistake
Refusal of immediate medical care from EMS providers can be used by an insurance company as evidence that the claimant was not hurt as badly as they claim.
Therefore, it is important that if medical care is suggested and available that the injured party at least see a doctor following the accident. Another reason why it is vitally important to receive initial medical care is that many times there are underlying issues that are not immediately apparent to an injured person. After time passes, these injuries could worsen and result in severe consequences.
Failing to Follow Doctor’s Orders
Another grave mistake that some make following a truck accident in Virginia Beach is failing to follow their doctor’s orders. Not only could this prevent injuries from healing properly, failing to follow-up appropriately can be used by insurance companies to argue that a claimant is not as badly injured as they claim to be.
An injured person has a duty to mitigate their damages. Mitigation of damages means that an injured person is playing an active role in trying to get better and to treat their injuries. Therefore, failure to do so is something that an insurance company could point to and use as an argument to make low settlement offers.
Avoid Dealing with Insurance Companies
One of the more important mistakes to avoid following a truck wreck in Virginia Beach is giving a recorded statement to the insurance company. A recorded statement is something that the insurance company is going to use as a way to deny a claim. Claimants should only give a recorded statement after they have consulted with a lawyer.
Another mistake is that people attempt to deal with these trucking insurance companies on their own. An insurance adjuster may imply that they are accepting responsibility for the accident. However, this does not mean it is going to pay someone fairly. It simply means that for purposes of the claim, that they are meeting responsibility, but they may not be willing negotiate.
Taking a Check from an Insurance Company
Insurance companies routinely make settlement offers quickly after a wreck. They will do so under the guise of taking care of emergency room bills and then give some money on top of that for pain and suffering. After sending a check for these losses, the case will be settled and the insurance company can avoid paying any additional compensation that the injured party may discover they need after fully understanding the extent of their injuries. Put simply, the faster an insurance company can settle a case in the immediate aftermath of a wreck, the better the likelihood that it can pay less than it would otherwise.
If an insurance company tries to send a check, it would be a mistake for the claimant to cash it because the insurance company may make the argument that this action was an acceptance of a settlement offer, thus ending a claim. Therefore, whenever an insurance company is talking settlement offers or sending a check, a person should first consult with a lawyer to see whether or not their offer is appropriate in the given case.
Failing to Speak with a Lawyer After a Truck Wreck
The biggest mistake that a claimant can make after an accident with a commercial vehicle is failing to contact an attorney in Virginia Beach. A lawyer could help collect any necessary evidence, such as company phone logs, dispatch records, black box data, and GPS tracking services.
Failure to get an attorney involved right after a truck crash can result in these vital pieces of evidence being destroyed or disappearing. If that evidence is lost, it could have a significant negative impact on a claim.
Contact a Virginia Beach Attorney to Avoid Making Mistakes Following a Truck Accident
An experienced and honest injury firm could explain your options, and guide you through this process. By allowing an attorney to take the lead, you can focus on your recovery. More importantly, a lawyer could help you avoid common mistakes that are typically made after a truck accident in Virginia Beach. To see how our team could help you, call today.
