Georgia Personal Injury Trial Attorneys

Mistakes to Avoid When Filing a Truck Accident Claim

By: Fry | Goehring

truck accident claims

A truck accident that occurs in Atlanta or anywhere else in Georgia can be scary and stressful. Typically, many more factors and complications come into play in truck wrecks than in passenger car accidents. Being aware of the common mistakes that injured victims make in Atlanta truck accident claims can help you and your loved ones get the justice and compensation you need to recover.

No one is honestly prepared for the unexpected. Regardless of how much you may want to handle your personal injury case alone, you need to be sure you have an airtight and compelling case that doesn’t ruin your chances of a fair truck accident settlement. Unfortunately, many injured victims of truck accidents in Georgia make mistakes that adversely affect the outcomes of their truck accident claims.

Working with an experienced truck accident lawyer in Atlanta may be the best way to protect your rights and interests. At Fry | Goehring, our legal team is ready to help you through the claims process, ensuring you don’t make any mistakes that may jeopardize or harm your claim.

Crucial Mistakes to Avoid After a Crash and How to Protect Your Claim

Filing a truck accident claim in Atlanta can be emotionally taxing for injured victims and their loved ones. Nonetheless, making mistakes during this process can delay your truck accident settlement and potentially hurt your personal injury case and the compensation you receive, if any.

Fortunately, when you have a reliable truck wreck lawyer by your side, you don’t have to worry about mistakes that may affect your claim. Here are some common mistakes you should avoid when filing a truck accident claim.

Seeking Medical Attention? Don’t Delay, or the Insurance Company Might Play

It’s essential to seek medical attention immediately after a truck accident. Remember, the adrenaline rush after horrific truck wrecks may mask any physical pain. Injuries you sustain may also be internal, making it impossible for you to know whether you are severely injured. Seeking medical care after a truck collision lessens the risk of lasting effects.

Seeking medical attention soon after your accident can help prove how severe your truck accident injuries were. Keep in mind that insurance companies may argue that your injuries aren’t as severe as you claim if you disregard seeking medical care after an accident.

It’s crucial to visit your doctor to fully assess your physical condition. Otherwise, you could face serious medical problems. Remember that some injuries may not be immediately apparent after an accident. For example, injuries such as organ damage could worsen if left untreated and potentially lead to life-threatening consequences or long-term disability.

If you delay seeking medical treatment, the insurance company may argue that your physical pain is from a pre-existing condition rather than a truck accident. The defendant may also accuse you of exaggerating the severity and extent of your injuries if you don’t get medical help as soon as possible. Some of the common truck accident injuries for which you should seek medical attention include:

It’s also important to keep documentation, such as a record of your medical bills, hospital visits, home accommodations, X-rays, and prescriptions, to build a compelling Atlanta truck accident case. Documentation can prove the extent of your injuries and help determine the damages available for your truck accident claim.

Evidence is Gold: Don’t Leave the Scene Empty-Handed

A picture speaks a thousand words.

After an accident, take as many pictures of the scene and as much video footage as possible. Photograph any vehicle damage to your car and any other vehicle at the accident scene. It’s important to note that you should only do this if you are in the right physical condition and if it’s safe.

If you are severely hurt, let someone else take the pictures. Collecting evidence at the scene while it’s still fresh is great. State, county, or city agencies may clean up evidence, such as debris, at the scene to allow for the resumption of traffic operations.

It’s also important to talk to all parties involved in the accident, including the trucker. Gather evidence that can help build a strong truck accident case, including:

  • Names
  • Contact information
  • Addresses
  • Truck driver’s license plate
  • Registration numbers
  • Photos of visible injuries
  • Footage of weather and road conditions
  • Names and contact information of witnesses

When filing a truck accident claim, witness statements hold immense power and can sway a judge and jury to decide in your favor. They typically offer unbiased insights that can pinpoint what led to the truck accident and help establish liability.

What Not to Say to the Insurance Company

If you have been injured in a truck wreck, you should contact your insurance provider to inform them about the accident. This is a requirement for policyholders who hope their insurance policies will cover accident-related expenses. However, it’s important to note that insurance representatives aren’t your friends, regardless of how concerned or caring they may seem. They aim to protect their insurance company’s profits by denying or devaluing your claim.

Some of the things to watch out for when dealing with insurance companies include:

  • Saying phrases like “I’m sorry,” “I apologize,” “I didn’t see the truck driver,” and “It was my fault.” Such statements may significantly hurt your claim under Georgia’s modified comparative negligence system.
  • Minimizing your truck accident injuries by downplaying your symptoms.
  • Describing your injuries in detail — refer the claims adjuster to your truck accident attorney.
  • Hypothesizing the incident or offering opinions.
  • Providing a recorded statement.
  • Offering the names of your family, friends, or doctor. The insurance company may reach out to these parties to get more information about the truck wreck as well as your recovery.

If you want your talks to go off without a hitch, consult an Atlanta truck accident lawyer. At Fry | Goehring, our personal injury attorneys will protect your rights every step of the way, ensuring you don’t make statements that harm your claim.

Don’t Rush into a Settlement; You’ll Regret Later

Insurance companies have no desire to drag out Georgia truck accident claims. The longer such claims go on, the more costly they become. If they find that their policyholder was liable for the accident, they know they’ll have to compensate the injured victim for their injuries and losses.

Insurance companies usually offer plaintiffs truck accident settlements that don’t truly reflect the value of their claims. Most injured victims may not be aware of the full scope or the long-term prognosis of their injuries.

Insurance providers also prey on plaintiffs struggling financially due to piling medical bills and lost wages. They offer such injured victims lowball offers, hoping they will accept and resolve the personal injury claim.

Once you accept a truck accident settlement offer in Atlanta, you waive your right to pursue additional compensation for the same accident and injuries. If you discover you have a permanent disability or require additional cash for accident-related medical expenses, you’ll need to seek these funds from other sources — not the defendant or their insurance company.

For this reason, it’s essential to let your truck collision lawyer in Atlanta review your settlement offer and use it to start negotiations to help you secure the best settlement that covers your damages, including future medical needs. Don’t let cunning claims adjusters shortchange you when filing a truck accident claim.

Avoid Social Media Pitfalls

In today’s world, most people are accustomed to sharing the details of their lives online, be it through pictures, videos, or going live. Whether it is through Instagram reels, X posts, or TikToks, we know as soon as our friends are engaged or when a loved one has had a bad day or a promotion at work.

It may seem innocent to post about your accident on social media platforms. For example, one may post, “I was involved in a truck accident today along I-75 in Atlanta, but don’t worry. I’m fine 🙂.” You may just be letting your family and friends know what happened without causing panic. However, the defense in a truck accident lawsuit may argue that you said you were “fine” and your injuries aren’t as severe as you claim.

Instead, protect your rights by avoiding posting on social media. Remember, insurance adjusters may also investigate your friends’ posts. Don’t let them have photos or videos of you by the poolside or at a birthday party days after filing a truck accident claim seeking compensation for catastrophic injuries.

Why You Need a Lawyer in Your Corner When Facing a Trucking Goliath

Injured victims often make mistakes when they take on truck accident claims on their own. While resting and recovering, and without prior personal injury training or experience, it may not be advisable to go up against the defendant and their insurance carrier without a top-rated legal advocate. An experienced truck accident lawyer in Atlanta can provide invaluable guidance and insights on complex legal matters. At Fry | Goehring, our personal injury lawyers are ready to guide you through the truck accident claims process and ensure you don’t make any mistakes that jeopardize your case. Call 404-969-1284 today to schedule a free, no-obligation consultation with a skilled 18-wheeler accident lawyer. You can also fill out our online contact form to get started.