Don’t make these common but costly mistakes in your truck accident lawsuit

When a truck crash happens, the results can be devastating. Large commercial vehicles like 18-wheelers and tractor-trailers cause some of the most severe injuries on Tennessee roads. But what happens next matters just as much as what happened during the crash.

When you work with a Smyrna, TN truck accident lawyer, you can focus on recovery while your legal team handles the rest. Still, it’s easy to overlook key steps or unknowingly make a mistake that could reduce your chances of winning your case. Being aware of these common pitfalls might help you avoid them.

Not calling the police at the scene

After any truck accident, always call 911 and request a police response. The officer’s report becomes one of the foundational documents in your case. It may include:

• Statements from the truck driver and witnesses
• A description of vehicle positions
• Notes on weather or road conditions
• Whether any citations were issued

Without a police report, an insurance adjuster could try to make a case that you were partially at fault. The police report also includes valuable information, such as eyewitness contact information and statements. The reporting officer’s thoughts on what caused the crash are also important.

Waiting too long to seek medical care

Truck crash injuries can be complex, and not all symptoms appear right away. Internal injuries, whiplash, and even traumatic brain injuries may take hours or days to fully show up. But from a legal standpoint, any delay in seeking treatment could be used to question the severity or cause of your injuries.

To protect both your health and your case, go to the ER or urgent care right away. Be sure to follow up with your primary care doctor or specialist and keep detailed records of diagnoses and restrictions

These records tie your injuries to the crash and form the basis for your pain and suffering, medical bills, emotional distress, and other damages.

If you skip medical care after the accident, an insurance adjuster might say your injuries are from a previous incident. Skipping medical care and not following doctor’s orders can also make it appear as if your injuries are not serious. This can prevent your lawyer from getting the maximum amount of damages for you.

Giving a recorded statement too early

Soon after the wreck, you may get a call from the trucking company’s insurer asking for a recorded statement. This can feel routine, but it’s not in your best interest. Insurance companies are trained to protect their bottom line, not yours. Anything you say initially could be used against you later and diminish the value of your damages. Don’t post anything about the crash on social media.

Instead, let your lawyer handle communications. At Weir & Kestner, once you become a client, we take over all contact with the trucking company and their insurer so you can focus on healing.

Accepting the first settlement offer

It’s common for insurance companies to offer a fast truck settlement soon after a truck accident. But these initial offers rarely reflect the true value of your claim. Before accepting, make sure all your injuries have been diagnosed and treated. You should also consider any lost wages, long-term care needs, and other permanent impacts on your life.

Once you accept a settlement, you give up the right to pursue more compensation, even if new complications arise. A truck accident lawsuit allows for full discovery of the liable party’s records, such as driver logs and maintenance documents, which can reveal serious negligence.

Not hiring an experienced truck accident lawyer

Trucking companies are backed by teams of lawyers and large insurance carriers, so working with an experienced attorney is important. These are not simple car crash claims. Big rig accidents often involve:

• Complex federal and state regulations
• Multiple parties (driver, employer, maintenance contractor)
• Black box data and driver logs
• Trucking companies acting quickly to limit exposure

An experienced truck accident lawyer knows how to build a strong case and calculate full damages, especially in cases involving catastrophic or permanent injuries.

Failing to act before the statute of limitations expires

In Tennessee, you generally have one year from the date of the accident to file a lawsuit. Miss that deadline, and you may lose your right to pursue compensation, even if your case is strong.

The sooner you contact an attorney, the better. Evidence in truck accident cases can disappear fast. Crash debris gets cleaned up. Witnesses move. Trucking companies are legally allowed to discard certain records after a set time. Your Tennessee truck crash lawyer can send spoliation letters and take legal action to preserve key evidence before it’s gone.

Trying to handle everything alone

Truck accidents are overwhelming. Between managing medical appointments, missing work, and dealing with adjusters, it’s easy to feel uncertain about your next step.

Working with a law firm that prioritizes communication can make a meaningful difference. At Weir & Kestner, you speak with an attorney after intake. We keep you updated even when there’s no news, and offer flexible appointments. 

You deserve a team that knows how to handle high-stakes truck accident cases and makes you feel supported throughout the process.

Protect your rights after a serious truck crash

If you or a loved one has been injured in a crash involving a commercial vehicle, don’t wait. A strong legal team can help hold the liable parties accountable and pursue fair compensation for medical expenses, lost income, and long-term effects.

Weir & Kestner Injury Lawyers proudly serve clients in Rutherford County, Davidson County, and throughout Middle Tennessee. Give us a call at (615) 220-4180 or contact us online today for a free consultation and speak with a truck accident lawyer in Murfreesboro, Nashville, or Smyrna who will take your case seriously.