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Follow your truck accident lawyer’s advice to the letter, only answer questions from the responding police officer, and stick to the bare bones when exchanging information with the truck driver.
In the immediate aftermath, you’re probably disoriented and hurt pretty badly. What you say and do after the truck accident can impact your eligibility for compensation, but when the accident scene is chaotic and you have the police, onlookers, and insurance adjusters from the trucking company in your ear asking questions, it’s easy to get overwhelmed and blurt something out.
Admitting fault on the scene can make getting a full financial recovery more difficult, but not impossible. While insurance companies will seize any reason to deny or minimize your valid claim, working with an experienced West Palm Beach truck accident lawyer can level the playing field and protect you from saying something to accidentally jeopardize the integrity of your truck accident claim.
What to avoid saying after a commercial vehicle collision
There are a few specific phrases that the insurance adjuster may twist to make it seem like you carry the majority of the blame for the wreck.
Don’t say “I’m sorry”
Apologizing may be a reflexive response, or maybe you feel bad because the trucker is hurt worse than you are, and you’re trying to be nice. Unfortunately, “I’m sorry!” sounds just like “I’m guilty!” to the insurance company.
Instead of apologizing, stick with exchanging contact information with the driver, just as you would in a regular car accident. Always call 911 after a commercial vehicle accident, and when the first responders arrive, rely on the police officers to coordinate the scene and collect information.
“We don’t need to call the police”
If it looks like there’s not much damage to your car, or if you don’t feel hurt and believe that you can exchange contact info with the driver and file a claim with their insurance company later, it’s easy to say, “Let’s just not report the crash.”
The truck driver may even push for this, as having an accident on their driving record could cause them to lose their CDL. Although it may seem easier to work things out yourselves, it’s best to always call the police to report the crash, and ideally, have them create the police report on the scene.
Under Florida law, you must report any accident that results in injury, death, or property damage over $500. If law enforcement doesn’t investigate the scene, you are required to submit a written crash report to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) within 10 days
The official police report, while it may not always be admissible in court as evidence, contains critical information that your lawyer uses to build the case, including an officer’s narrative in which the responding officer notes how the crash was likely caused and who caused it.
“I’m not really hurt”
Shock diminishes the severity of your accidental injuries; right after you’re hit, your body releases adrenaline, which masks pain and can make you feel like you’re not hurt as badly as you actually are. In addition, truck accidents often cause “hidden injuries,” or injuries that don’t present immediate symptoms, but, left untreated, can lead to serious health complications. Muscle strains and sprains, internal organ damage, and traumatic brain injuries may not be apparent to you right away, but the responding medical professional can diagnose them and start treatment to give you the best chance of recovery.
Instead, always seek medical attention after a wreck. Don’t downplay your injuries; if you delay getting medical treatment, it’s easier for the insurance company to claim that your injuries were preexisting conditions and not caused by the wreck.
“I think I might have caused the wreck by…”
No. Even if you believe that your actions may have contributed to the crash, it’s best not to speculate. This includes speculating to the police officer—anything you say to them could be included in the police report, and an admission of fault, or partial fault, can come back to haunt you when you try to pursue compensation.
Florida follows a modified comparative negligence system for motor vehicle accidents. This means you can recover compensation as long as you were no more than 50% at fault. If you’re found 51% or more responsible, you’re barred from recovering any damages.
While the responding police officer will ask about your actions leading up to the wreck (how fast you were going, whether you were turning, etc.), you don’t have to speculate, and it’s best that you don’t.
Protect your rights after a truck accident
What you say after a crash can make or break your ability to recover compensation. Before you speak to the trucking company or its insurer, talk to a lawyer who can protect your claim.
Have you been hurt in a commercial truck accident and need help securing compensation for your damages? We can help you. Call Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation with an experienced truck accident attorney.