Despite all its fortifications, an SUV is no match in a collision with a semi-truck. The result is often catastrophic for the vehicle and any occupant. It is even worse with smaller sedans.
When that trucking accident is caused by the truck driver’s negligence, you’re entitled to have all your medical bills and car replacement costs paid for by the trucking company’s insurance carrier.
Before you get that settlement check, you have to prove your case. An experienced Long Beach truck accident lawyer is in the best position to help you secure that compensation, but they can’t do it without strong evidence. This post explains the right way to document your injuries and damages after a truck accident.
The Importance of Immediate Medical Documentation
The core issue of any accident claim is the extent of your injuries.
Immediate medical documentation establishes the causation of those injuries. The sooner you get to an ER, urgent care, or your doctor, the more compelling the evidence will be in support of your claim.
Immediate medical documentation should include the following:
- ER records
- MRIs, X-rays, CT scans
- Doctor notes
- Prescriptions
- Receipts for medical supplies
This immediate documentation can also go a long way towards knocking back insurance adjustor arguments that your injuries aren’t severe or might have been caused by another accident.
Capturing Crucial Evidence at the Accident Scene
Your truck accident claim will be supported by the crucial evidence you capture at the accident scene with your cell phone. Here’s what you should attempt to photo or video:
- Final resting positions of all vehicles
- Skid marks
- Debris fields
- Broken traffic signals
- Damaged guardrails
- Damage to vehicles
- Truck identifying information
- Cargo status
A skilled truck accident attorney will be able to step in and gather more crucial evidence from the accident, including any surveillance or traffic camera footage.
They can also obtain black box data from the truck, referred to as the Electronic Control Module (ECM) or Event Data Recorder (EDR). The evidence from these devices can provide a lot of vital information about the truck driver’s actions leading up to the accident.
How to Maintain a Detailed Pain Journal
Another crucial piece of evidence would be a detailed pain journal. This can be a handwritten journal, typed as a computer document, or even taken as a daily video.
Your pain journal should include the following:
- Pain intensity on a scale of 1-10, with 10 being the worst pain imaginable
- Details of the pain, such as location and type
- Time and date
- Triggers such as movements
- Treatments
- Medications
- Impact on daily life
- Mood and energy
It is important to be consistent with your journal. You should make at least one entry in the morning and one in the evening. If there are intense flare-ups during the day, that can be documented as well.
Tracking Financial Losses and Out-of-Pocket Expenses
Along with tracking your pain and discomfort, you also have to carefully track your out-of-pocket expenses. This means recording every transaction and categorizing the expenses.
It’s also vital to hold onto any bills or receipts, including credit card statements. You can track your expenses with the following methods:
- Digital Apps and Software: Mint, YNAB (You Need A Budget), Empower, and PocketGuard
- Excel or Google Spreadsheets
- Manual Journaling
Common Mistakes to Avoid When Documenting Injuries
When documenting your injuries and damages, it is important that you avoid sharing them on social media. Getting involved in a truck accident is going to be a major event in your life, and you’ll want to let your friends and family know what’s happening.
However, every post you upload on social media will be scrutinized by insurance adjusters and can be used to diminish your claim.
These are the other mistakes to avoid when documenting injuries:
Delaying Medical Attention
If you don’t go to the doctor right away, it can send a signal to an insurance company that your injuries aren’t as severe as you make out. Even if you feel fine the next day, you should still see a doctor for a thorough exam and to start your medical record.
Inconsistencies
It is important that you are consistent with how you describe your pain to your doctor and how you describe it in your pain journal. Both will be used as evidence, and they need to be aligned.
Ignoring Follow-Up Care
Your doctor will make treatment recommendations that may include physical therapy and follow-up visits. You have to make sure you make all of those appointments, even if you start feeling better.
Vague Descriptions
You want to avoid using vague descriptions when detailing your pain.
It is not enough to say, “It hurts.” You need to rate the pain and describe the type. For instance, is it throbbing, burning, or numbing?
Consulting a California Truck Accident Attorney
Simply put, documenting your injuries and damages after a trucking collision is the only way to prevail in a personal accident claim. That evidence falls into four categories:
- Evidence from the accident scene
- Medical reports
- Expenses
- Property damage
An experienced Long Beach truck accident lawyer can help you gather and maintain that evidence.
The Frost Law Firm, PC has helped many victims of truck accidents take on the big insurance companies. We’ve honed our negotiation skills and will be fully prepared to take on any defense put up by the insurance company.
That’s because we’ll make sure the evidence is strong.
Because California’s statute of limitations restricts the time you have to pursue a personal injury claim, it’s important to begin building your case as soon as possible. If you or a loved one has been injured in a commercial truck crash, the legal team at Frost Law Firm, PC can investigate the accident and advocate for the full compensation you deserve.
Contact our office today for a free consultation. You don’t have to go through this alone.
