Tag Archive for: truck accident

Common Mistakes to Avoid After a Commercial Truck Accident

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Being involved in a commercial truck accident can change the course of your life forever. In the aftermath of something like this, it’s crucial to avoid common mistakes that could potentially harm your legal case and your ability to receive fair compensation. Unfortunately, many of these mistakes are what people think will help their claim or save them money—and ultimately, those same mistakes limit their payout.

Having the right legal team by your side can help as you pursue compensation. Let’s discuss your options during a free consultation. Call the Cheshire personal injury team at The Dodd Law Firm at 203-272-1883 to set up a time to meet.

Failing to Report the Accident Immediately

One of the first steps you cannot forget following a commercial truck accident is reporting the crash to the authorities. Immediate contact with law enforcement is essential for them to document the scene and generate a police report, which plays a key role in your legal case. While you don’t want to skip this step, it’s also unlikely that you’re the only one who will call and report the crash—truck collisions are so massive that it’s not uncommon for multiple people to call them in.

Not Seeking Medical Attention Promptly

After a commercial truck accident, do not overlook the importance of immediate medical evaluation. Even if you feel okay or believe your injuries are minor, some complications may not show signs right away. Delaying a doctor’s visit could mean that injuries like internal bleeding or concussions go undetected and untreated, potentially leading to more severe health issues down the line. By seeing a healthcare professional promptly, you ensure a full assessment of your health, and any hidden injuries are identified early on.

Neglecting to Gather Evidence at the Scene

In the moments after a commercial truck accident, it’s easy to overlook the importance of collecting evidence right where it happened. Start by using your phone to take pictures from different angles, capturing the damage to all vehicles involved, the overall scene, and any injuries you or others might have. If there are people who saw what happened, get their names and a way to contact them later. After the accident, you’ll also have a chance to get a copy of the police report. Before leaving the scene, you may want to ask the police how to request your copy.

Communicating Directly with Insurance Companies Without Legal Representation

Often, insurers seem friendly at first, aiming to settle quickly. However, their primary goal is to pay out as little as possible. They have tactics and experience on their side, which can be overwhelming and confusing, especially when you’re recovering from an accident. The longer you talk to them, the more likely it is you’ll unintentionally say something that harms your claim and decreases your potential payout. It’s better to communicate with them only through a personal injury attorney who can provide them with the information they need—and nothing extra.

Posting Details of the Accident on Social Media

The impulse to share moments of our lives online is strong, but caution is crucial when it involves a commercial truck accident. Taking to social media to discuss the event can inadvertently jeopardize your legal case. Posts, photos, or comments about the accident can be misconstrued or used by insurance companies to challenge the severity of your injuries or question the authenticity of your claim. 

They might argue that your ability to post implies your injuries are not as severe as stated. Furthermore, insurance companies may look at your retelling of the accident online, compare it to what you told your insurance company or them, and look for discrepancies. Any discrepancies they find give them wiggle room to question your credibility, making it even harder for you to recover compensation.

Choose the Dodd Law Firm for Your Truck Accident Claim

Perhaps one of the biggest mistakes you can make after a truck accident is failing to hire an attorney. You deserve an advocate—after all, the truck driver has an entire legal team behind them. Find out more about how we can help you by claiming your free consultation. Just contact us online or call us at 203-272-1883.

The Importance of a Spoliation Letter in Truck Accident Cases

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Truck accidents are generally far more destructive than crashes solely involving smaller passenger vehicles. They are more likely to result in fatal or catastrophic injuries, and they are capable of causing hundreds of thousands of dollars in property damage. However, that doesn’t mean that it will be easy for you to prove that you’re owed compensation. You can still expect the insurance company and the trucking company to do whatever they can to keep you from receiving compensation.

The good news is that truck accidents have a substantial amount of evidence. To use that evidence, you must preserve it—even if it’s in the other party’s possession. That’s where a spoliation letter comes in. Learn more about the role of a spoliation letter in your claim, and when you’re ready to move forward with your case, call The Dodd Law Firm at 203-272-1883.

The Role of Evidence in Your Truck Accident Claim

Evidence is crucial in any personal injury case, but it’s especially crucial in a truck accident claim. As a victim, you’ve likely sustained serious injuries and are now struggling with pain, a loss of income, and a totaled vehicle. When you’re looking for sizable compensation, the other party will put up a serious fight to keep you from getting it. Evidence can go a long way in proving how the accident happened, whose error caused the crash, and how your injuries have impacted your life. Without a strong body of evidence, it’s unlikely you’ll get anything close to what you actually deserve.

What’s Included in a Spoliation Letter?

A spoliation letter is an integral part of your claim. It’s a legal document that reminds the other party of their legal duty to preserve evidence related to the crash. Elements of a spoliation letter include:

  • List of evidence in the other party’s possession
  • Notification that you are seeking legal action against the other party
  • Information on the other party’s obligation to preserve the evidence
  • The consequences of failing to comply with the orders given in the letter

Sending a spoliation letter is basically putting the other side on notice. You’re letting them know that you are building your case and you know what evidence is out there. They then know that if it happens to go missing or show up destroyed, you will hold them accountable for it. Without a spoliation letter, you risk the other party tampering with or “losing” evidence that is damaging to their case.

The Other Party’s Obligations

Upon receiving the spoliation letter, the parties who receive the letter are legally obligated to preserve the evidence in question. This may mean making backups or copies of evidence that is likely to degrade with time. For example, electronic logging devices, dashcams, and other sources of electronic evidence generally only keep records for a set period of time. If the party in possession of that evidence does not take steps to preserve it, it could be lost forever.

The parties in question are also obligated to keep the evidence in its current state. This means not tampering with it or altering it to make it more favorable to their case. This is an issue with trucking logs, which can be altered after an accident to make it look like a driver was compliant with hours of service and inspection regulations.

Consequences of Destroying or Losing Evidence

Generally, sending a spoliation letter is enough to keep the other party from damaging or destroying evidence relevant to your case. But if the evidence is devastating for their case or they simply don’t care enough to preserve it, it could be destroyed regardless. If this happens, it can have devastating outcomes for their case. The courts do not look favorably on spoliation, and there may be significant consequences for the other party. These consequences may include:

  • Court sanctions against the party that engaged in spoliation, ranging from fines to jail time.
  • Adverse inference—the court may draw an adverse inference in the absence of necessary evidence, which means that they assume the lost evidence would have been damaging to the party that lost or destroyed it.
  • Jury instructions that tell the jurors to assume the evidence would have been unfavorable to the party who lost it.

Injured in a Truck Accident? Call The Dodd Law Firm

When you’ve been injured in a truck accident, there is a lot at stake. You need to work with a Cheshire attorney dedicated to fighting aggressively for you. Call The Dodd Law Firm at 203-272-1883 or reach out to us online to schedule your consultation right away.