Mistakes to Avoid in a Maryland Truck Accident

There are numerous mistakes to avoid in a Maryland truck accident. The aftermath immediately following an accident involves excess adrenaline, confusion, exacerbating pain, and uncertainty about what is to come. Here, we do not focus on every conceivable mistake one can make after a truck accident, as that list would be infinite. Instead, we have observed about eight common mistakes through our 70 years of handling truck accidents in Maryland. While some of these mistakes will not totally destroy your case, they will all have a negative effect you want to avoid. Below, we list those common mistakes and explore why you may make them so you may anticipate them before they happen. If you have just been in a truck accident in Maryland, the most important thing to do now is to contact an attorney.

Your truck accident lawyer will advise you on what steps to take and not to take. This can be vital for preserving your claim. We will also provide alternatives to the common mistakes you see below. Of course, if possible, you should avoid the accident entirely. But we know that some accidents are unavoidable. Moreover, the catastrophic results that can come from a truck accident mean you should take those steps to avoid the accident, even if it means arriving a few minutes later to your destination. If you find yourself in a trucking accident, whether in the truck or another motorist on the scene, you should avoid the mistakes listed below.

If you have questions about what steps you should take, contact our office at (202) 331-7227.

Handling the Insurance Claim on Your Own

This is the biggest mistake to avoid in a Maryland truck accident because it leads to all the other errors. When you handle an insurance claim on your own, you lack legal guidance from a professional. Thus, not only are you failing to take the proper steps to protect your claim and maximize your compensation in a truck accident, but you may be actively making mistakes that discount your case’s value. However, you should be aware of other risks when handling the case yourself.

First, note that the adverse insurer is unlikely to make you a fair offer. They know you are unlikely to file suit against their insured without an attorney. Thus, there is no threat that they would have to pay more. They also know that if you file a suit without a lawyer, there is a reasonable probability that a layperson makes a mistake on the complaint and the case gets dismissed.

The insurance companies know how to evaluate the value of a claim. But they are also experts at not paying what they should for an accident. They will avoid paying through any means available. Given that we have as much experience as them and likely a better understanding of tort law, we can hold them accountable to their insurance contract. If the adverse insurer sees that you have committed any mistakes to avoid a Maryland truck accident, they will hold you to them. Unfortunately, it is sometimes too late when claimants contact an attorney after these mistakes are made.

Not Reporting the Accident to Authorities

While this is far less important for your claim, it can help immensely in settling your case and obtaining useful information. First, note that police do not always go to the accident scene in Maryland. This depends on the resources available to the police department in your county, as well as the time of day and level of crime. If the police come to the scene, they will facilitate a calm exchange of information and create an exchange of information form. This is important for your safety. In some accidents, drivers who know they are at fault will make excuses not to exchange information. They may claim you are at fault and not bother giving you information. Or, they may tell you they do not have insurance at all.

If the police do not arrive and the driver refuses to provide information, take a picture of the truck with its license plate. That will at least allow us to determine who owns the truck and see if insurance is registered.

Admitting Fault or Apologizing at the Scene

It can be natural to admit fault or apologize at the scene. However, doing so is among the mistakes to avoid in a Maryland truck accident. You may believe that saying something at the accident scene is hearsay, and it generally is. Hearsay is an out-of-court statement offered at trial for the truth of the matter. Your admitting fault would fall under this definition. However, there are 23 exceptions to hearsay. One such rule states that the statement offered against an opposing party, in this case, your statement offered by the defense against you, is admissible hearsay evidence.

Accordingly, please note that your apology can be used against you. This can be enough for an insurance company to refuse a settlement offer, leaving us no choice but to file a lawsuit. Your statement is admissible at trial and may affect how a jury interprets your case.

Neglecting to Gather Evidence at the Scene

Some evidence evaporates, so to speak, if you do not collect it at the accident scene. We need evidence to prove elements of your negligence claim at trial. Thus, neglecting to gather evidence at the scene is among the mistakes to avoid in a Maryland truck accident. First, if you do not attempt to exchange information, your insurance company may refuse to allow you to make an uninsured motorist claim. This is because, depending on your insurer, your insurance contract may require you to make a good-faith effort. A failure to do so may void your contract, leaving you without any coverage. Additionally, we require evidence to prove each of the four elements of negligence. Without physical evidence, such as photographs, we are left with only your testimony.

While your testimony may be valuable, some attorneys refuse to put their clients on the stand. In general, we prefer eyewitness testimony. This unbiased account can win your case. However, if you do not get witness information at the scene, we will have fewer options at our disposal.

Accepting the First Settlement Offer

After 70 years of practicing personal injury law in Maryland, we know how rare it is for the first settlement offer to represent your case’s actual value. Generally, the only time to accept the first offer is when your damages far outweigh the insurance coverage available, and the adverse insurer knows better than to waste your time and make a full-limits offer. This does happen frequently. In Maryland, the minimum limits are $30,000 per injury and $60,000 per occurrence. If you find yourself in this situation, you may be able to make an underinsured claim on your own policy.

Failing to Follow Through on Medical Treatment

For more minor accidents, your case is only worth as much as you treat. Medical expenses are a critical component of damages. This is not to say that you should treat for longer than necessary. Instead, you should adhere to your doctor’s recovery protocol. Failure to do so may result in you being hurt indefinitely in addition to a lesser valued case.

Speak to an Attorney

Speak to an attorney to understand all the mistakes to avoid in a Maryland truck accident.

Call our office for a free case evaluation and consultation at (202) 331-7227.