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Common Truck Accident Claim Mistakes and How to Avoid Them

Pablo G. Martinez Law Firm Blogger • Dec 15, 2022

Filing a truck accident claim properly requires knowing what can hinder your progress. Here are common truck accident claim mistakes and how to avoid them.

truck accident claim mistakes

In the first 11 months of 2022, there were close to 350,000 road traffic accidents in Florida, resulting in 3,000 deaths and 222,000 injuries. Due to their size and weight, many of the most serious road traffic accidents in the state involve trucks.


If you or someone you love has been injured in a road traffic accident involving a truck, you may be entitled to justice and compensation. Depending on the facts surrounding the accident, you may have a valid personal injury claim.



When filing a claim, there are a number of truck accident claim mistakes that people make, which can affect their chances of securing a successful outcome. In this blog post, your expert team at Pablo G. Martinez Law Firm will highlight common truck accident claim mistakes and how you can avoid them. Let's get started.

Not Collecting Evidence

We understand that the immediate aftermath of a road traffic accident can be confusing and distressing. You may be in considerable pain and require emergency treatment. However, if you are in a position to do so, it's important to gather as much evidence as possible.


Gathering evidence from the scene of the accident will benefit you later on when building a strong personal injury claim. Taking photos and even videos of the accident site, the condition of the vehicles involved in the accident, any nearby traffic signs, road marks, and any injuries sustained is important. These photos and videos should also highlight the weather conditions at the time of the accident.


If there were witnesses to the accident, try to speak to them and collect their contact details. They may be able to provide useful details about what caused the accident. Be sure to also get the personal information, contact details, and insurance information of the other people involved in the accident.


In the days following the accident, take some time to write down your memories of what occurred, such as what you were doing exactly before the impact. It's also worth creating a journal that keeps track of your injuries and the pain and suffering the accident has caused.

Delaying Medical Care

As we have highlighted, the immediate aftermath of an accident is often a confusing time. You may not be immediately aware that you are injured, for example, given that many people experience shock. Even if you don't have visible injuries, you may have sustained internal bleeding or concussion.


The sooner you receive medical treatment, the less likely your injuries will be permanent. Therefore, we recommend that you seek medical attention without delay and make this a priority.


In terms of making a claim following a truck accident, insurance companies may challenge the credibility of a claim if medical treatment was postponed. It may signal that the injuries a person sustained were not serious and therefore the individual does not deserve compensation.


Nationally, there are more than six million road traffic accidents every year, resulting in more than three million deaths. Of this number, around two million people experience permanent injuries. These injuries limit people's ability to work, perform everyday activities, and often reduce their overall quality of life.

Truck Accident Lawyer

Not Obtaining a Police Report

Depending on the nature of the truck accident, police may or may not be immediately made aware of it. Most often, if an ambulance has been called for, then the police will also be alerted. However, it's always best to call the police yourself to ensure that they arrive at the scene of the accident.


It is essential that a police report is filed. Police reports document physical evidence (such as tire marks, for example) and collect witness statements. A police report serves as powerful evidence that may help to win a lawsuit in court or speed up an insurance claim.


It's important to ensure that you get a copy of the police report. You can do this by requesting it from the investigating officer's agency. 

Not Hiring a Truck Accident Lawyer

The best way to pursue a personal injury claim following a truck accident is to partner with an experienced truck accident lawyer. As you can imagine, personal injury claims related to truck accidents can be complicated and lengthy.


The best decision you can make in the aftermath of a truck accident is to hire a reputable lawyer rather than attempting to go it alone. A truck accident lawyer helps you with every aspect of your case. This includes:


  • Obtaining evidence of damage
  • Obtaining evidence of liability
  • Organizing medical records and bills
  • Negotiating with defendants and their lawyers
  • Negotiating with insurance companies
  • Negotiating a settlement that is satisfactory


In the aftermath of a truck accident, the focus for an individual should be on recovery from their injuries, rather than attempting to document the complex details of a truck accident and obtain evidence of liability, etc. Leave this to the professionals at Pablo G. Martinez Law Firm.

How to Avoid Common Truck Accident Claim Mistakes

As the above information highlights, there are a number of mistakes that people often make in the aftermath of a truck accident. These truck accident claim mistakes risk negatively affecting a person's claim. The best way to ensure that you build a strong truck accident case is to partner with an experienced law firm.


In the Miami and Tampa areas, your premier choice following a truck accident is Pablo G. Martinez Law Firm. Since 1997, our team of honest, dedicated, and experienced lawyers has proudly represented clients following road traffic accidents. Click here to book a legal consultation today.

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