What to Be Aware of If You’ve Been in an Accident with a Delivery Truck
Once upon a time, people used to get excited about seeing a truck or wagon making deliveries. It was a rare occurrence. But not anymore. Now, people are just as likely to have goods delivered directly to their homes as they are to go to a store. Between deliveries being made to stores and items shipped directly to our homes, the roads are congested with vehicles making deliveries. Tractor-trailers jam the highways. Smaller commercial trucks and vans fill the side streets at all hours of the day.
The heavy volume of delivery trucks on the roads in and around Decatur often causes serious congestion and leads to a greater chance of being involved in a truck accident. For a number of reasons, these accidents usually result in much more serious injuries than car accidents, and yet at the same time, victims often have a harder time recovering compensation than they do after a car accident.
If you’ve been in an accident with a delivery truck, there are some factors you need to understand to protect yourself and your future.
Your Health is the Top Priority for Legal as Well as Medical Reasons
At Michael M. Day Law Firm, we obviously focus on legal liability and recovering financial compensation for accident victims. We are not doctors. But we know that health is often worth more than any amount of money, so it is important to protect it at all costs. Plus, when you focus on caring for your medical needs right after an accident, you increase the likelihood of a strong financial recovery as well. With one set of actions, you can work toward two priorities.
Therefore, be sure to undergo a thorough medical examination. The exam protects your health and provides evidence of your injuries. If you don’t go to the doctor soon after the accident, the trucking company can argue that you must not really be hurt. Or they may argue that something you did later caused your injuries.
Get a Police Report
Regardless of whether a delivery driver is working for a company that encourages them to report all accidents to the police, the driver may be reluctant to do so for fear of losing their job. Regardless of whether the driver wants to settle things “quietly,” it is important to report the incident to the authorities even if it seems like there are no injuries.
Having the police come to the scene to make a report creates valuable evidence that is difficult for anyone to contradict. In the immediate aftermath of an accident, it is impossible to understand the extent of injuries or property damage, so it is wise to get police assistance and evidence just in case you need to file a claim later.
A police report is extremely helpful for insurance claims as well as lawsuits, so try to get the police to come to the scene if possible to make a report. If police will not come to the accident site, file a report online or in person at the closest police station as soon as possible.
Corporate Attorneys Could Make Life Very Difficult
Whether a delivery driver works as an employee or an independent contractor, the company they represent will have experienced corporate legal teams at their disposal. These attorneys are experts at one thing—denying liability for accidents. They are likely to employ a variety of tactics to shift responsibility from the delivery driver to you.
You need to be mindful of everything you say and do to protect your right to recovery. An experienced attorney can help protect you from contact with them and provide guidance on how to safeguard your rights at each stage of the process.
You Need to Document the Accident
The legal teams and insurance company representatives involved in delivery truck accidents will be scouring the scene for evidence about what caused the accident and led to injuries, and you need to do the same. They will try to leverage evidence to show why you are responsible for the accident or that you did something to make your injuries worse. They may try to hide or minimize any evidence that indicates their driver could be responsible. You need to gather and preserve evidence to fight their assertions and show why you should receive compensation for all the losses you’ve suffered.
You should try to take photos at the accident scene if possible, or send someone else to do so if you’re too injured. Record your impressions of the accident, either on paper or into your phone. Get the names of witnesses who could testify about what they saw or heard.
As time passes, keep a journal of your physical and mental symptoms and how they impact your life. For instance, if you couldn’t attend your son’s baseball game because your back hurt too much or you were afraid to drive because getting in a car is too traumatic, write down your feelings. These could serve as valuable evidence of the extent of your losses and help you recover compensation for pain and mental anguish.
Seek Advice Before Talking to Insurance Companies
Delivery truck drivers are often covered by extra insurance. While the policies can provide resources to help meet your needs in the future, the added insurance complicates and adds difficulty to the process of establishing liability and recovering compensation.
Insurance company representatives, like corporate attorneys, are focused on saving money for the company, and they do that by working to ensure that they don’t have to pay out a claim for the truck accident. They may trick you into accepting a small amount to settle the case. Or they might twist your words to argue that you have admitted liability for the accident. If you get solid legal advice before talking to the insurance company—or let your attorney do the talking for you—then it is possible to avoid the deceptive tactics to help get fair compensation.
Don’t Get Tricked Out of Your Recovery After a Delivery Truck Accident
Many times, delivery truck drivers are pressured by company policies that cause them to drive too fast, make turns without stopping long enough, or change lanes too quickly. Often, trucking companies can be held liable for the actions of their employees. But if they succeed in shifting liability to you instead of the driver, or they convince you to accept far less than your claim is worth, then they can continue to get away with dangerous policies. At Michael M. Day Law Firm, we have extensive experience helping truck accident victims obtain full compensation for their losses, and we know how to stand up to insurance companies and corporate attorneys. To talk to us and get an honest assessment of what your claim may be worth after a delivery truck accident, schedule a free consultation online or call us at 404-480-4284 today.