After a collision with a commercial truck on New Mexico’s highways, the decisions you make in the hours, days, and weeks that follow can significantly impact your ability to recover fair compensation. Unfortunately, many truck accident victims unknowingly sabotage their own cases by making common but critical mistakes. Understanding these pitfalls before they happen can protect your rights and strengthen your claim for the financial recovery you deserve.
Waiting Too Long to Seek Medical Attention
One of the most damaging mistakes truck accident victims make is delaying medical treatment. Some people feel their injuries aren’t serious enough to warrant immediate care, while others worry about medical costs or simply want to «tough it out.» However, this delay creates two significant problems for your case.
First, some serious injuries, including internal bleeding, traumatic brain injuries, and spinal cord damage, don’t always produce immediate symptoms. By the time these conditions become apparent, they may have worsened considerably. Second, insurance companies routinely argue that delayed medical treatment means your injuries weren’t caused by the accident or aren’t as severe as you claim. Even if you feel relatively fine after your collision, get examined by a medical professional within 24 hours.
Giving Recorded Statements to Insurance Companies
After a truck accident, you’ll likely receive calls from insurance adjusters, sometimes within hours of the crash. These representatives may seem friendly and concerned, but their primary goal is to minimize their company’s financial liability. They often ask for recorded statements about the accident, your injuries, and your activities before and after the crash.
Providing these statements without legal guidance is a serious mistake. Insurance adjusters are trained to ask questions designed to elicit responses that can be used against you later. An offhand comment about feeling «okay» or being able to perform certain activities can be twisted to suggest your injuries aren’t severe. You’re only required to cooperate with your own insurance company, and even then, you should consult with an attorney before giving detailed statements.
Accepting the First Settlement Offer
Trucking companies and their insurers often make quick, lowball settlement offers to truck accident victims. These early offers typically come before you’ve fully understood the extent of your injuries, completed treatment, or calculated your total losses. Once you accept a settlement and sign a release, you cannot pursue additional compensation, even if you later discover your injuries are more serious than initially diagnosed or your medical bills exceed the settlement amount.
Truck accidents frequently result in catastrophic injuries requiring long-term medical care, rehabilitation, and potentially permanent lifestyle changes. Your settlement should account for future medical expenses, lost earning capacity, ongoing pain and suffering, and any permanent disabilities, not just your current bills and immediate losses.
Failing to Document the Accident Scene and Damages
In the chaotic aftermath of a truck collision, gathering evidence may be the last thing on your mind. However, thorough documentation is crucial for building a strong case. Take photographs of vehicle damage, road conditions, skid marks, traffic signs, and visible injuries. Collect contact information from witnesses who saw the accident occur. Request a copy of the police report and keep detailed records of all medical treatments, expenses, and how your injuries affect your daily life.
Without proper documentation, you’re relying on memory and the accuracy of others, including the truck driver and trucking company representatives who have a financial interest in minimizing their liability.
Not Understanding Who Is Responsible
Truck accident cases are more complex than typical car accidents because multiple parties may share liability. The truck driver, trucking company, cargo loading crews, maintenance contractors, and even parts manufacturers could all bear responsibility for your injuries. Pursuing only the truck driver may mean missing out on significant compensation from other liable parties with deeper insurance coverage.
Determining full liability requires investigating driver logs, maintenance records, company policies, federal compliance records, and other evidence that trucking companies often try to conceal or destroy. This investigation must begin quickly before critical evidence disappears.
How Hit by a Truck Call Chuck Protects Your Rights
For more than 15 years, our truck accident attorney in New Mexico has fought to secure maximum financial recovery for big rig collision victims. We handle every aspect of your case, from investigating the cause of your accident and identifying all responsible parties to negotiating with aggressive insurance companies and, when necessary, litigating your case in court.
Our firm understands that financial recovery is the first step in providing truck accident victims with peace of mind, so mounting medical debt and time away from work don’t define their future. We focus on truck accident cases across New Mexico, Texas, and Arizona, giving us in-depth knowledge of how these cases unfold in your state.
Don’t make the mistake of handling your truck accident case alone. Contact Hit by a Truck Call Chuck today at 915-845-4529 for a free consultation to discuss your case and learn how we can build a strategic approach to securing the compensation you deserve. Learn more about our truck accident services in New Mexico and how we’ve helped clients throughout Albuquerque, Las Cruces, and beyond.