Truck accidents can be life-altering, leaving victims with serious injuries, financial burdens, and emotional trauma. If you’ve been involved in a truck accident in Colorado, your actions after the crash can significantly impact your ability to recover compensation. Unfortunately, many people make mistakes that weaken their case without realizing it. To help you avoid these pitfalls, here are the top 5 mistakes to avoid after a truck accident—and advice on how to prevent them.
1. Failing to Gather Evidence at the Scene
One of the biggest mistakes is not documenting the accident scene. Evidence from the crash site can be crucial in proving fault and supporting your claim. Without it, you may have a harder time holding the responsible parties accountable.
How to Prevent This Mistake:
- Take Photos: Use your phone to capture images of the vehicles, road conditions, skid marks, and any visible damage or injuries.
- Collect Witness Information: If there are bystanders, ask for their names and contact information. Witness statements can provide valuable third-party perspectives.
- Get the Driver's Info: Obtain the truck driver’s name, employer, insurance details, and license plate number.
If you’re too injured to gather evidence immediately, ask someone you trust to do it for you or contact an attorney who can investigate the scene on your behalf.
2. Admitting Fault
It’s common for accident victims to instinctively apologize or say something like, “I didn’t see you,” after a crash. While you might intend this as a courtesy, insurance companies can use these statements to shift blame onto you. Admitting fault—even partially—could jeopardize your case under Colorado’s comparative negligence system.
How to Prevent This Mistake:
- Stick to the Facts: When speaking to police or insurance adjusters, provide factual answers without speculating or admitting fault.
- Avoid Discussing Responsibility: Save discussions about liability for your attorney, who can represent your interests and advocate for you.
Remember, Colorado law reduces your compensation proportionally if you are found partially at fault, and claims of fault could later work against you.
3. Delaying Medical Treatment
Another common mistake is putting off a visit to the doctor. Some victims assume they’re fine if they don’t feel immediate pain, but this approach can backfire. Injuries like whiplash, concussions, or internal damage might not show symptoms right away. Delaying treatment can allow insurers to argue that your injuries weren’t caused by the accident.
How to Prevent This Mistake:
- Seek Medical Attention Right Away: Even if you feel fine, see a doctor immediately after the accident. Initial medical evaluations can help identify hidden injuries.
- Follow Your Doctor’s Orders: Attend follow-up appointments, take prescribed medications, and complete recommended therapies. If you don’t, insurers may claim you weren’t seriously injured.
Documenting all medical visits and treatments also helps demonstrate the extent of your injuries and strengthens your claim.
4. Talking to the Insurance Company Without Legal Advice
Insurance adjusters often seem friendly and helpful, but their main goal is to minimize payouts. Victims who speak with insurers without legal guidance might inadvertently say something that weakens their case or agree to a low settlement without realizing what their claim is truly worth.
How to Prevent This Mistake:
- Limit Communication: Avoid discussing the accident with the other party’s insurance company. Instead, refer them to your attorney.
- Don’t Rush to Settle: Initial settlement offers are often lower than you’re entitled to. Consulting an experienced truck accident lawyer can help ensure you’re negotiating for fair compensation.
Your attorney can handle communications with the insurer, protecting you from unfair tactics or pressure.
5. Not Consulting an Attorney
Some victims assume they can handle their case independently, especially if the fault seems clear. Unfortunately, truck accident cases are often complicated by factors like commercial trucking regulations, multiple liable parties (e.g., the driver, trucking company, or manufacturer), and high-stakes insurance claims. Without legal expertise, you could miss out on the compensation you deserve.
How to Prevent This Mistake:
- Hire an Experienced Attorney: A lawyer who specializes in truck accidents understands the unique challenges of these cases. They can gather evidence, consult experts, and negotiate on your behalf.
- Act Quickly: Colorado has a statute of limitations for filing personal injury claims, so don’t wait too long to seek legal advice.
Attorneys can also help calculate the full extent of your damages, uncovering potential compensation for future medical needs, lost earning capacity, and non-economic losses like pain and suffering.
Boulder Truck Accident Lawyers
At Tenge Law Firm LLC, our dedicated team of truck accident attorneys will fight for the compensation you deserve. Our experience and knowledge in this area of law allows us to provide top-notch representation and advocate for your best interests. Contact us today at (303) 219-7377 to get started.