Trucking accidents are tough to navigate, at the time and in the aftermath. Many people ask “Do I have a case,” and unfortunately, it keeps getting harder to say “yes.”
With that said, there are some pitfalls that one must avoid when filing a truck accident lawsuit. While lawyers will do their best to help, there are dark clouds you can ignore as you navigate the process.
Read on to learn the eight pitfalls people should avoid when filing a truck accident lawsuit.
1. Not Understanding the Statute of Limitations
The statute of limitations is the legal deadline for filing a lawsuit that can vary based on the state and type of claim. The timeframe for the lawsuit filing process is usually between two to four years. This lawsuit filing deadline time starts to run from the date of the accident.
If you file the lawsuit after the statute of limitations has expired, it may result in the dismissal of your case. Your case may not be able to proceed any further.
2. Not Knowing How Truck Accidents Differ From Car Accidents
When filing a truck accident lawsuit, you need to be aware of how these types of accidents differ from car accident claims. Truck accidents have increased liability, as they are subject to additional laws and regulations. So trucking companies may have their policies and employees may have insurance under a different policy.
As such, plaintiffs may need to file a claim against both the driver and the company. Failing to fully understand this situation and only suing the driver could result in an inadequate settlement.
3. Not Recording Your Truck Accident Investigation
Making sure you document the details of the accident is essential. Inaccurate reports, insufficient documentation, and missing evidence could leave you vulnerable. It could hurt your chances of getting a successful outcome.
Not recording your investigation can lead to extra expenses, missed deadlines, and other setbacks as a case progresses. So take photographs of the scene. Be sure to collect the contact information of any vehicles involved, as well as other witnesses, and store all records in a safe place.
4. Not Consulting With an Experienced Trucking Accident Attorney
Trucking accident cases can be highly complex and require special knowledge and expertise to get the best outcome. So it is very important to get an accident attorney on your side.
You should have a lawyer familiar with trucking laws, current regulations, and industry standards. They will be able to prepare a stronger case than someone without this experience and knowledge. Having a professional on your side who truly has your best interests in mind is essential to increasing your chance of success.
5. Making Misleading Statements About Your Injury
Making misleading statements about your injury is one thing you should avoid when filing a truck accident lawsuit. For instance, if you claim to have an ankle injury but then are seen running in a court of law, this could cast doubt on your credibility. It could raise questions about the legitimacy of your claim.
Any discrepancies or discrepancies of this kind can damage your case and result in a reduction or denial of any compensation. You need to be honest and realistic when communicating with your attorney, or in any sworn statements your make. Any exaggeration or embellishing will not work to your advantage and may appear dishonest and misleading.
6. Not Considering Any Settlement Offers
You should always consider settlement offers even if you’re not legally obligated to accept them. A settlement can help minimize the costs and amount of time it takes to resolve a claim.
Additionally, even if a settlement offer is made, you still need to consult with your attorney. Attorneys can help determine if the settlement offer is fair and represent the individual’s best interest.
7. Not Staying Updated on Your States Liability Regulations
Staying up-to-date on your state’s liability regulations is a critical component of filing a truck accident lawsuit. Without knowledge of these regulations, you may not know the degree of negligence you can claim in their lawsuit.
Not paying attention to changes in laws could require you to accept a higher level of responsibility for the accident than you should. This could limit any potential compensation you could receive.
You should also be aware of attorneys who are not aware of changes in the regulations. They could be at risk of making inaccurate assumptions about the case, resulting in less accurate legal advice. They could even omit important information or fail to prepare certain documents.
As a result, you and your attorney stay updated on your state’s liability regulations. This will ensure that your truck accident case is successful.
8. Not Knowing How to Handle Insurance Companies
Not knowing how to handle insurance companies can be a common mistake when filing a truck accident lawsuit. The insurance companies involved in this type of lawsuit represent large commercial entities. They have vast resources and procedural guidelines.
So you need to understand how to deal with the insurance company and hiring a truck accident lawyer is the best way to do this. An experienced truck attorney will know how to get the best outcome from the insurance company. They will ensure that your rights are not diminished.
An attorney could also make certain that the insurance company does not utilize tactics that are unethical or illegal. With them, you can better deal with an insurance company.
Avoid These Mistakes When Filing a Truck Accident Lawsuit
Regardless of the error, it’s critical to seek legal counsel if you’ve been involved in a truck accident. An experienced lawyer will help you understand and navigate the complexities of the legal system. They will ensure you don’t make any of these common mistakes when filing a truck accident lawsuit.
So if you’ve been in an accident, what are you waiting for? Take the first step and consult with a truck accident attorney today.
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