Protecting Your Rights after a Commercial Truck Accident
A truck accident can affect injury victims for the rest of their lives. When an accident involves a large, heavy commercial vehicle, injuries are more likely to be serious. In many cases, truck crash injuries can permanently affect your ability to work, enjoy hobbies, spend time with family, and even enjoy the normal activities of life. Negligent truck drivers and trucking companies have a legal obligation to compensate these victims for all of their losses. The San Jose truck accident lawyers at Deldar Legal know how to handle truck accident cases. They can stop insurance company tactics, prove the value of your losses, and protect your right to be compensated. Call (844) 335-3271 to schedule your free consultation.
Here are some important tips for protecting your legal rights after a truck accident:
Seek medical attention as soon as possible.
The most important thing any injury victim can do is to seek medical attention as soon as possible after an accident occurs. For many victims, this will require immediate transport to a hospital in an ambulance. But not all injuries show up right away. Sometimes, signs and symptoms of truck accident injuries will not show up for days after the accident occurs. This is why it is so important to get medical attention soon after the accident. If you do not feel an ambulance is needed at the scene, you should still follow up with a doctor as soon as possible. This might require a trip to an urgent care facility or emergency department. You might choose to schedule an appointment with your primary care doctor.
You know your body best, and you are in the best position to determine what medical treatment is needed. But be sure to see some sort of medical professional as soon as possible after the accident. Only a medical professional can determine whether you have underlying, latent injuries that are not readily obvious. A medical professional is also the only one who can determine whether or not you have suffered injuries as a result of the accident. Finally, delays in treatment can complicate the healing process. You might endure more pain and suffering as a result of delays. This can also complicate your personal injury claim. Insurance companies can – and will – claim that you contributed to your own pain and suffering by delaying treatment. Do not give the negligent truck driver’s insurance company an opportunity to lower your settlement offer.
Hire an attorney as soon as possible.
As soon as the other driver’s insurance company is notified that you have retained counsel, they are no longer allowed to contact you directly about the accident. This saves you the hassle of communicating with an adverse claims adjuster or attorney. More importantly, it protects you from saying or doing something that could hurt your claim. An experienced truck accident attorney is in the best position to protect your legal right to compensation. He or she will help guide you through the process and protect your legal rights along the way.
Document all your losses and how your injuries are affecting you.
The largest component of a personal injury award is often compensation for pain and suffering. This is a highly subjective area with no set value. How do you account for different levels of pain tolerance? What about underlying medical conditions that exacerbate pain or require a longer recovery? These are compensable, but it is often up to the victim to prove the extent of pain and suffering. This is why it is important to document all the ways you have been affected by your truck accident injuries. Document your level of pain and the ways in which it affects your daily life. Write down when you have trouble sleeping. Perhaps you are unable to complete your usual exercise routine or participate in your child’s sports activities. These, too, are compensable losses. With written documentation of these specific losses, you will have a stronger case for pain and suffering compensation.
Do not negotiate with the insurance company or accept a settlement offer.
Insurance companies have many tricks, strategies, and tactics they use to settle claims for less. Sometimes they try to settle a claim early, before the victim is able to fully understand the effects of his or her injuries or talk to an attorney. Sometimes they will make a lowball settlement offer and convince the victim that he or she cannot get any more money. This is especially common with injury victims who do not have their own attorneys to tell them what their claim is really worth. Do not give the negligent driver’s insurance company an opportunity to try to take advantage of you. Hire your own truck accident lawyer to fight for the full value of your claim.
Stay off social media.
One of the insurance companies’ favorite tactics in today’s digital era is to “stalk” an injury victim’s social media accounts. They are looking for any statements about the accident, or any statements about the victim’s injuries, or anything that contradicts something a victim has said. Even something as simple as a picture of you playing with your kids could be used as evidence that your injuries aren’t really “that bad”, and that you can still engage in your daily activities. The best practice is to stay off social media altogether until your case is over. Privacy settings can help, but they sometimes change without notice. They are also not foolproof. It is better not to post that to rely on privacy settings to protect your legal rights.
Call Us Today to Schedule a Free Case Evaluation with an Experienced San Jose Truck Accident Lawyer
As you can see, there are many ways in which insurance companies and insurance defense attorneys try to reduce the value of your claim. Don’t leave your legal rights unprotected against these hired guns. With your own personal injury lawyer, you can rest assured that your right to compensation is being protected. Call Deldar Legal at (844) 335-3271. Our San Jose truck accident attorneys fight hard to protect injury victims and get the compensation they deserve.
Posted in: Big Rig Accidents