After a truck accident, mistakes made in the hours and days that follow can make it harder to pursue compensation. Failing to get medical care, giving statements without understanding the consequences, overlooking important evidence, or waiting too long to act can all create problems. Taking careful steps after a crash can help protect your legal rights.
Forest Hills is a well-known neighborhood in Queens, New York, with busy streets connecting residents to nearby neighborhoods, businesses, and major transportation routes. Large commercial vehicles regularly share these roads with passenger cars, creating situations where a collision can have serious consequences.
When a truck crash occurs, working with a truck accident attorney in Forest Hills, NY, can help an injured person understand the claim process and avoid common mistakes. This article lists some of the common mistakes that could weaken your truck accident claim.
Delaying Medical Treatment
One of the most common mistakes is waiting too long to see a doctor. Some truck accident injuries may not cause obvious symptoms immediately. Delaying treatment can also make it more difficult to connect an injury to the crash.
Seek appropriate medical attention after an accident and follow the treatment plan provided by your healthcare professional. Keep records of appointments, prescriptions, medical bills, and other treatment-related expenses.
Failing to Document the Crash Scene
Evidence from the accident scene can disappear quickly. Weather can change, damaged vehicles may be moved, and surveillance footage may eventually be overwritten.
When it is safe to do so, take photographs of the vehicles, road conditions, traffic signs, visible injuries, and surrounding area. Get contact information from witnesses and keep copies of the police or accident report.
Giving a Recorded Statement Without Care
Insurance companies may ask questions about how the accident happened and the injuries you suffered. While cooperation may be required under certain circumstances, it is important to understand what you are being asked before providing a detailed statement.
Avoid guessing about facts you do not remember. Do not minimize an injury simply because symptoms were mild at first.
Posting About the Accident Online
Social media posts can sometimes be taken out of context. Photographs, comments, or statements about your activities after an accident could be used to question the seriousness of your injuries.
Consider avoiding posts about the accident, your injuries, travel, exercise, or other activities while your claim is pending. Privacy settings do not necessarily prevent information from becoming part of a legal dispute.
Accepting a Settlement Too Quickly
An insurance company may make a settlement offer before the full extent of an injury is known. Accepting an offer too early could leave you responsible for future medical expenses or other losses that were not apparent at the time.
Before accepting a settlement, consider whether you understand your current and potential future losses. Once a claim is settled, obtaining additional compensation may be difficult or impossible.
Ignoring New York Legal Requirements
New York has specific rules that can affect personal injury claims. For example, New York Civil Practice Law and Rules § 214 generally provides a three-year limitation period for actions to recover damages for personal injury.
However, different rules may apply depending on the circumstances, including claims involving government entities or other special situations. Waiting until the deadline approaches can also make it harder to collect evidence and build a strong case.
Failing to Preserve Important Trucking Evidence
Truck accident claims may involve evidence that is not available in an ordinary car accident. Driver logs, electronic records, maintenance documents, inspection reports, cargo records, and other trucking information may help explain how the collision occurred.
Some evidence may not remain available indefinitely. Taking steps to preserve relevant records can therefore be important.
Key Takeaways
- Be careful when speaking with insurance companies.
- Avoid posting details about the accident or injuries online.
- Do not rush to accept a settlement.
- Preserve trucking records and other important evidence.
- Be aware of New York deadlines that may affect your claim.
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