Top Mistakes to Avoid When Filing a Delivery Truck Accident ClaimA delivery truck collision can happen out of nowhere, leaving your car wrecked and your body in pain. Now, you might be staring down a pile of medical bills and wondering what to do next. Delivery truck accidents happen fast, but the aftermath? That can drag on for months. And if you don’t handle things right, you could end up with far less compensation than you actually need.

Delivery trucks aren’t like regular cars. They’re bigger, harder to maneuver, and often driven by workers rushing to meet tight delivery deadlines. Add driver fatigue, traffic congestion, or bad weather, and the risk of accidents goes up. If you’ve been hurt in a delivery truck accident, knowing what not to do can make a real difference.

Here are the biggest mistakes to avoid.

Mistake #1: Not seeing a doctor right away

You might feel okay right after the accident. Maybe just a little sore. But adrenaline can mask pain, and some injuries – whiplash, concussions, internal bleeding – don’t show symptoms immediately. Waiting too long to see a doctor can cause two major problems:

  1. Your health could suffer. What seems minor now might turn into something serious later.
  2. The insurance company will question your claim. If you don’t seek medical attention right away, they might argue that your injuries weren’t caused by the accident.

Under Tennessee law (TN Code § 24-5-113 (2024)), medical records play a big role in personal injury cases. The sooner you see a doctor, the better for both your health and your case.

Mistake #2: Not calling the police

Even if the driver apologizes and offers to pay for the damage, never skip calling the police. A police report serves as an official record of the accident and can protect your claim if the insurance company disputes your case.

Tennessee law requires you to report any accident involving injuries, fatalities, or property damage over $400. When officers arrive, they will document:

  • The delivery truck’s company and license plate information.
  • The driver’s insurance details.
  • Witness statements and scene evidence.

If, for some reason, an officer doesn’t respond, you can file a report yourself with the Tennessee Department of Safety and Homeland Security.

Mistake #3: Not collecting evidence at the scene

If you can, gather as much evidence as possible before leaving the accident scene. It could be crucial later.

  • Take photos of damages, injuries, road conditions, and traffic signals.
  • Get contact information from witnesses. They could help confirm what really happened.
  • Write down accident details. Jot down the time, location, weather conditions, and anything else that seems important.
  • Record the truck’s USDOT number. It’s usually on the truck’s door and can help track down the trucking company.

The more evidence you have, the harder it will be for the insurance company to dispute your claim.

Mistake #4: Saying too much to the insurance adjuster

Insurance adjusters might sound friendly, but their job is to save their company money, not to help you. If they ask for a recorded statement, politely decline until you’ve spoken to a lawyer.

Tennessee’s comparative fault laws (TN Code § 29-11-103 (2020)) mean that if they can prove you were even partially responsible, your settlement could be reduced.

Mistake #5: Accepting the first settlement offer

Insurance companies move fast after an accident, often offering a settlement before you even know the full extent of your injuries.

  • They know you’re dealing with medical bills and stress.
  • They want you to accept before realizing how much your claim is actually worth.
  • Once you take their offer, you give up your right to seek more compensation later.

A lawyer can help you determine whether an offer is fair or if you deserve more.

Mistake #6: Assuming the driver is the only liable party

Not all delivery drivers work for themselves. Many are employees of large companies like Amazon, FedEx, or UPS. That raises a key question: Who is actually responsible for the accident?

  • Was the driver an independent contractor or an employee?
  • Was the truck properly maintained?
  • Was the driver under pressure to meet unrealistic deadlines?

Trucking companies often try to shift blame to avoid liability. In Tennessee, companies can be held responsible if they fail to properly train or supervise their drivers. A lawyer can help identify all liable parties.

Mistake #7: Missing Tennessee’s filing deadline

Tennessee has a strict deadline for filing personal injury claims – just one year from the accident date. Miss it, and you lose your right to seek compensation.

Time moves fast after an accident. Don’t wait too long to take action.

Mistake #8: Trying to handle everything alone

Insurance companies and delivery businesses have teams of lawyers protecting their interests. Taking them on alone can feel overwhelming.

A truck accident attorney can:

  • Investigate the accident and gather evidence.
  • Negotiate with the insurance company.
  • Fight for the full compensation you deserve.

If you’ve been injured in a delivery truck accident, don’t let the insurance company pressure you into settling for less.

Protect yourself after a delivery truck accident

Filing a claim after a delivery truck accident isn’t as simple as it should be. Mistakes can cost you thousands. By avoiding these common pitfalls, you give yourself the best chance of getting fair compensation.

If you’ve been injured in a delivery truck accident in Tennessee, the team at Banks and Jones is here to help. Our experienced attorneys understand the complexities of Tennessee’s legal system and are committed to fighting for the compensation you deserve. Let us help you navigate your options and secure the best possible outcome for your case. Reach out today for a free consultation and discover why Banks and Jones is trusted by Tennessee residents for legal representation they can rely on.