You’ve done everything right after the truck accident. You called the insurance company. You got estimates. You’re calling rental places looking for equipment. You’re following up with the repair shop every other day.
But can you prove it?
Five years from now, you’re sitting in a courtroom. The defense attorney asks what you did after the truck crash. You say, “Well, I remember calling some rental places.” The attorney smiles. “Which ones? When? What did they say?”
You can’t remember. You have nothing in writing.
“If it’s not in writing, it never happened, that’s kind of our philosophy around here,” says Kelsea Eckert, an experienced truck accident attorney at Eckert & Associates, P.A. who has represented truck drivers in accident claims for over two decades. “Five years from now when the other side claims you didn’t do anything to mitigate your losses, that documentation is your proof.”
This is how strong truck accident cases fall apart. Not from lack of effort, but from lack of proof.
The Problem Hardworking Truck Drivers Face After an Accident
Owner-operator truck drivers are some of the hardest working people in America. When their truck goes down after an accident involving a truck, they’re on the phone constantly. Chasing parts. Looking for rental equipment. Following up with adjusters.
They’re doing the work. They’re just not documenting it.
“They might call 15 different rental places looking for a rental truck,” Eckert explains. “But without written proof, you have no evidence.”
Insurance companies know this. They’re counting on it. When settlement negotiations begin, they’ll claim you sat around doing nothing. And if you can’t prove otherwise, they win.
Your memory isn’t evidence. Your word against theirs isn’t enough. You need a paper trail to strengthen your claim.
What the Duty to Mitigate Means in Truck Accident Cases
When someone else damages your truck in an accident, you can’t just park it and wait for liable parties to make you whole. The legal process requires you to take reasonable steps to minimize your losses.
This is called the duty to mitigate damage.
For commercial truck operators, that means actively looking for ways to keep earning. Can you rent similar equipment? Can you lease something temporarily? Can you take on different work while your truck is down?
Even when the answer is no, and it often is for specialized equipment, you still have to ask. And prove you asked.
“Even though they know they’re not going to be able to go get a rental for that, it’s still important for them to make the ridiculous call to the different rental places,” Eckert notes. “Do you have a nine-axle that I can rent?”
The rental company says no. Most people hang up and move on.
Wrong move. This is how you establish fault wasn’t on your side for the delay.
How to Document Everything: The Follow-Up Strategy
Here’s what separates successful truck accident claims from failed ones: written follow-ups after every conversation.
After calls to rental companies: Send a text or email. “This is to confirm our conversation today where you told me you don’t have any equipment available for rent.”
After voicemails to the adjuster: Send an email. “I called today at 2:15 PM regarding the status of my claim. I left a voicemail and am following up in writing.”
After repair shop updates: Get it in writing. Email them: “This confirms your call today informing me the mirror is on backorder for another two weeks.”
When the insurer goes silent: Document it. “I haven’t heard from you in three days” becomes an email creating a time-stamped record.
These follow-ups serve two purposes. They create contemporaneous documentation of the circumstances of the accident aftermath. And they put the other side on notice that you’re building a case.
Insurance adjusters love phone calls because there’s no record of what was actually said. You call about your truck accident claim status. The adjuster says they’re “working on it.” Two weeks later, nothing has happened. You call again. Different story this time.
Who’s right? There’s no way to know. This is why an experienced truck accident lawyer insists on written communication to prove liability and establish a clear timeline.
The Timeline That Proves Liability in a Truck Accident Claim
Start a timeline the day of the collision. Update it daily.
Document every action you take. Every call you make. Every email you send. Every delay you encounter at the accident scene or during repairs.
When the insurer goes silent for days, document it. “Sending an email to the insurance provider: I haven’t heard from you in three days, I haven’t heard from you in a week,” Eckert advises.
This timeline becomes your most powerful piece of evidence to support your claim. It shows you were actively engaged. It proves the delays weren’t your fault for the accident aftermath. It demonstrates you did everything possible to get back on the road.
Without it, insurance companies may claim you dragged your feet. They’ll argue the delays were your responsibility. They’ll say you could have done more.
With it, you have proof of every step you took and every obstacle they created. This can help you recover damages even when the at-fault driver’s insurance tries to shift blame.
How the Truck Accident Claims Process Actually Works
Most accident claims settle within months when the documentation is solid. A truck accident lawyer sends a demand letter backed by clear evidence such as police reports, witness statements, and your mitigation timeline. The insurance company reviews it. They negotiate or they pay.
“We usually settle cases in the terms of months,” Eckert notes.
But when documentation is weak, truck accident cases drag on. Or worse, they require legal action. “If it’s gotta go to litigation, it could be years.”
Years of waiting. Years of legal fees. Years of uncertainty. All because someone didn’t send follow-up emails after the accident occurs.
The time investment in documentation is minimal. A few minutes after each call. A quick email at the end of each day. Maybe 15 minutes total per day.
Compare that to years in litigation because you can’t prove what you did. Depending on the circumstances, you might even need to file a lawsuit without the evidence you need.
What Happens When Truck Accident Cases Fall Apart
“Lack of evidence” is how Eckert describes what makes accident cases collapse. Not lack of damage. Not lack of effort. Lack of proof to establish fault.
You know you called 15 rental places. You remember the repair shop told you parts were delayed. You’re certain the adjuster promised to call back and never did.
But when it comes time to prove your case, “I remember” and “I think” don’t cut it.
A judge or jury needs documentation. Your truck accident attorney needs strong evidence of negligence to work with. Without written records, even the strongest truck accident case becomes a credibility contest.
And the at-fault driver’s insurance has more resources, better lawyers, and nothing to lose.
Gather Evidence to Protect Your Rights After Any Truck Accident
If your truck is down right now after an accident involving your commercial truck, start documenting today. Not tomorrow. Today.
Update your timeline every time you do something related to your claim. Send follow-up emails after every conversation. Keep copies of accident reports and the police report. This is how truck accident claims work when done right.
“If it’s not in writing, it never happened.” That’s not just legal advice. It’s the difference between a fair settlement and walking away with nothing, or facing years of litigation without the evidence you need.
Your truck will get back on the road eventually. Make sure your claim after a truck accident does too.
Contact Eckert & Associates, P.A. at 1-800-DOWNTIME for a free case evaluation about your truck accident claim, or visit downtimeclaims.com to learn more about how a truck accident lawyer can help protect your rights and secure fair compensation after an accident.