There are at least 5 million road accidents in the United States every year, with a staggering number of these involving large trucks. As a result, thousands of lives are lost each year, while hundreds of thousands of other victims are left nursing permanent injuries. Sadly, these statistics continue to rise each year. The victims of truck accidents in Sugar Land have the opportunity to seek compensation for their damages by filing formal claims with the trucking company believed to be responsible.
However, filing a truck accident lawsuit in Sugar Land is often a complex endeavor. You will not only be required to prove that another party was responsible for the accident, but also show that the injuries you sustained were directly tied to the truck accident. For example, if you suffered a head injury, you must clearly show that you did not have the head injury before the accident, or the injury is related to some other cause. Proving this can be done by providing the proper medical reports and testifying medical experts. But even with this proof, the process is not easy. Many insurance companies will fight you tooth and nail, and a simple mistake could jeopardize your case. These mistakes can result in less than fair compensation, or in some cases, none at all.
Here are some of the common mistakes that you can avoid to ensure that you maintain your ability to be compensated for your Sugar Land truck accident:
To many motorists, calling the police authorities is only necessary when there are fatalities or near-death injuries in an accident. Contrary to this popular belief, the police should always be notified about an accident, regardless of the damages or injuries suffered. Not calling the police may prove to be a mistake, especially when you know that you were not at fault for the accident.
In times where you are partly at fault for a truck accident, a police report would help solidify some fault to the truck driver. The police report is a major factor whenever you seek compensation. While it is not the only factor, it helps the jury determine which party was at fault, and to what degree. It will also act as evidence that there was indeed a truck accident in Sugar Land, and which parties were involved. For this reason, you should always ensure that you notify the police regardless of if there are injuries.
Not all truck accidents result in immediate physical injuries. In some cases, you may be injured but not feel the pain immediately. You may suffer fractures that aren’t painful at first, or muscle strains or sprains that could take days to appear. Some injuries are not immediately felt, and require specialized medical care to determine their severity. Should you fail to obtain prompt medical attention, your insurance company or the defendant may argue later that these injuries could not be related to the accident.
If you feel that there is something wrong following a truck crash, it’s advisable to consult with a medical professional immediately to rule out any severe injuries.
Seeking medical attention and following it up are two important but distinct aspects of treatment following a truck accident. You can immediately seek medical care for injuries sustained in the crash, but the failure to follow up with your medical treatment can cost you a lot regarding your case. Should you fail to follow or adhere to your doctor’s guidelines, the defendant may rule out your injuries as less serious or argue that you could have mitigated your injuries, therefore reducing the value of your claim. This mistake occurs when victims of truck accidents do not follow up with a medical professional when symptoms persist. If you are not back to 100%, you need to have a doctor confirm that your pain will not improve with medical treatment.
After the truck collision, the insurance adjuster may give you a call with an initial settlement offer. As much as this offer may seem reasonable to you, the truth of the matter is that the settlement offer is usually far less than what you deserve. Without a lawyer, you may be manipulated into accepting an offer that is less than the full value of your case. What’s more, you should never enter into any recorded statement with the adjuster to talk about the truck accident, as this will only be used against you.
Collecting contact information about the truck driver and all parties involved in the crash is as important as filing the lawsuit. You cannot file a claim without knowing who you are filing it against. In this case, failure to obtain the names of the truck driver, their trucking company, and insurance may frustrate your future efforts in filing the proper truck accident claim.
All civil litigation cases are based on the Plaintiff’s ability to prove that the defendant was responsible for the truck accident. Failure to take note or preserve key information related to the truck accident may reduce your chances of prevailing in your lawsuit. If possible, you should always take pictures of the scene and the vehicle property damage, as well as talk to witnesses and obtain their contact information.
The negligent party will have lawyers to counter your accusations against them in court. Given their ability to spend to defend the lawsuit, prosecuting your own case may place you at a great disadvantage. The legal services from a qualified truck accident lawyer will make the process much easier for you and greatly increase the likelihood of success. Furthermore, having a lawyer adds more seriousness to your case from the defendant’s perspective, therefore increasing your chances of being fairly compensated for your damages.
If you have made any of the above mistakes, you should not give up on your quest for compensation. Do not despair in following up with your case and holding the truck driver responsible for the accident. At Lone Star Injury Attorneys, we help such victims of truck accidents receive full justice, even after they’ve made some mistakes. Call our office today and schedule a free consultation with our legal professionals to give you the best options available to you.