Common Mistakes Victims Make After a Truck Accident and How to Avoid Them

Each year, thousands of people are injured or killed in truck accidents across the United States. The aftermath of a collision with a commercial truck can be overwhelming, both physically and emotionally. 

Medical bills, insurance calls, vehicle damage, and lost income can all quickly pile up. In this chaos, it’s easy for accident victims to make common mistakes that can significantly impact their ability to recover fair compensation. 

At Hauptman, O’Brien, Wolf & Lathrop, LLC, we’ve seen firsthand how critical it is for accident victims to protect their rights from the very beginning. In this article, we’ll walk you through the most frequent errors truck accident victims make — and, most importantly, how to avoid them. 

If you or a loved one has been harmed in a truck accident, our legal team is here to help. Contact us today to schedule a free case review. 

1. Failing to Seek Medical Attention

After a traumatic event, like a car accident, adrenaline can mask pain and injury. You may believe that you’re “fine” and delay going to a doctor. 

However, internal injuries, concussions, spinal injuries, or soft-tissue damage may not be immediately apparent. Waiting too long to seek medical treatment can worsen your condition. Additionally, it could affect your personal injury claim. 

You can avoid such issues by always seeking medical attention immediately after an accident, even if you don’t think you’re seriously injured. Let a healthcare professional evaluate you and document your condition. These medical records can serve as important evidence if you pursue a legal claim. 

2. Not Calling the Police or Getting a Police Report

Some people choose not to call the police after being involved in a motor vehicle accident. This is especially true if the damage seems minor or the truck driver suggested settling it “off the record.” However, without a police report, it becomes much more difficult to prove fault or verify details down the road. 

Avoid this mistake by always calling 911 immediately after a truck accident. The responding officer will create an official report, gather statements, and document the scene. 

Request a copy of the police report. If you can’t get the report at the scene, ask for the report number so your truck accident lawyer can request it later. 

3. Failing to Collect Evidence at the Scene

The scene of the truck accident holds critical evidence that can support your personal injury claim. Skipping this step means losing the opportunity to document what happened while it’s still fresh and before conditions change. 

Avoid this mistake by:

• Using your smartphone to take detailed photos and videos from multiple angles (if your health allows)
• Politely asking witnesses to share their names and contact information
• Requesting the truck driver’s license, registration, and employer details
• Taking notes about anything you remember from the accident, such as the driver looking at his phone or broken traffic lights

4. Admitting Fault at the Truck Accident Scene

Even a simple “I’m sorry” can be misinterpreted as an admission of fault. In truck accident cases, determining liability is often complex. 

Many factors may have contributed to the crash. This could include the actions of the truck driver, the trucking company, or third-party maintenance providers. 

Avoid this mistake by sticking to the facts when speaking with the police and others at the accident scene. Do not speculate or accept blame. Your personal injury lawyer and accident investigators will analyze the details to determine liability based on evidence. 

5. Not Reporting the Truck Accident to Your Insurance Company

Some accident victims don’t contact the insurance company because they assume the other party will report it. Others don’t notify their insurer because they worry that reporting it will increase their premiums. 

Failing to notify your insurance company in a timely manner can give them a reason to deny your claim, delay benefits, or reduce your compensation. Some insurance policies have strict reporting requirements, even if you weren’t at fault for the accident. 

This mistake can be avoided by: 

• Contacting your insurance company as soon as possible, ideally after talking with an attorney but also within 24 hours of the accident
• Sticking to the facts and avoiding speculation about who was at fault 
• Providing documentation (police report, photos, etc.) when available

6. Talking to a Trucking Company or Their Insurance Adjusters Without a Lawyer

After an accident, it’s common for representatives from the trucking company or their insurer to contact you. Insurers may appear sympathetic or helpful, but their main goal is to limit the company’s financial liability. 

The insurer of the trucking company may try to pressure you into giving a recorded statement. You may unknowingly say something that could be twisted and used to deny or devalue your claim. 

When dealing with the opposing party after a truck accident, it is recommended that you:

• Do not speak with representatives of the trucking company 
• Direct all communications to your personal injury lawyer
• Do not agree to give a recorded statement without legal counsel present
• Never accept a settlement offer without understanding the full extent of your injuries and damages

7. Posting About the Accident on Social Media

One of the most common yet underestimated errors accident victims make is posting details about the crash on social media. Whether it’s sharing photos, giving a status update, or even venting frustration, these posts can be used against you. 

Insurance companies and trucking defense attorneys often monitor victims’ social media accounts. Insurance adjusters and defense teams are looking for inconsistencies or evidence to minimize the severity of your injuries or dispute liability.

Sadly, even a seemingly innocent post, like a photo of you smiling at a family gathering, can be used to argue that your injuries aren’t as serious as claimed. 

Ways to avoid having social media negatively impact your claim include:

• Staying off social media while your case is ongoing
• Adjusting your privacy settings; don’t assume private posts are truly private — opposing counsel may still gain access through legal discovery
• Asking friends and family not to post about you or tag you in photos
• Consulting your attorney before posting anything that may relate to your accident or physical condition

8. Accepting a Lowball Settlement

Immediately after the truck accident, the trucking company’s insurance adjusters may approach you with a quick settlement offer. These offers may seem appealing, especially when medical bills are piling up and income is lost due to missing work. However, keep in mind that these offers are usually far below the actual value of your claim.

Don’t forget that accepting an offer means forfeiting your right to pursue additional compensation later. Once you sign the release, you cannot reopen the case — even if new injuries are discovered or your recovery takes longer than expected. 

It is recommended to:

• Never sign anything without legal advice: Consult a personal injury lawyer before accepting or negotiating any settlement
• Know the full extent of your injuries: Ensure that your medical condition has been properly diagnosed and your long-term treatment needs are understood
• Account for all damages: A fair settlement includes medical expenses, future care, lost income, diminished earning capacity, pain and suffering, and property damage

9. Failing to Follow Through on Medical Treatment

Some accident victims delay or stop medical treatment after the accident. They might feel slightly better, want to avoid medical costs, or don’t realize the importance of ongoing care. 

Discontinuing or skipping treatment can hurt both your health and your case. Insurance companies may argue that your injuries aren’t that serious or were made worse by your own negligence. A lack of medical documentation also weakens the evidence needed to support your truck accident claim. 

Be sure to follow your doctor’s instructions carefully and keep all medical appointments. Document everything, and let your truck accident attorney know if you’re having trouble accessing medical care. 

10. Not Understanding the Statute of Limitations

Some truck accident victims assume they have unlimited time to take legal action. In reality, each state imposes a strict legal deadline to file a personal injury lawsuit. This deadline is known as the statute of limitations. 

Missing the statute of limitations deadline usually results in entirely losing your right to compensation. Even if you have a strong case, the court will likely dismiss it if it’s filed too late. 

Ways to avoid missing the statute of limitations:

• Know your state’s deadlines: Statutes of limitations vary by state, but they typically range from 1 to 3 years from the date of the accident
• Act quickly: Contact a truck accident lawyer as soon as possible after the accident to begin preserving evidence and building your case
• Don’t delay out of optimism: Even if you’re hoping to settle outside of court, it’s wise to prepare from the start as if litigation may be necessary

Schedule a Free Case Consultation With a Truck Accident Lawyer Today

A severe truck accident can derail your life in a split second. The steps you take — or don’t take — after a truck accident can have lasting effects on your physical recovery and financial future. 

You can make this difficult time easier for yourself by seeking assistance. Our truck accident lawyers can help you navigate each step of the legal process, advocate for your best interests, and fight for the compensation you deserve. 

Contact Hauptman, O’Brien, Wolf & Lathrop, LLC today if you or a loved one has been injured in a truck accident. Let us help you avoid costly mistakes and start the path toward justice and recovery. Call us at (402) 241-5020 or complete the contact form to schedule a free case review.