Common Defenses in Trucking Accident Cases

Texas has the highest number of trucking accident injuries in the nation. More people are injured or killed in a truck accident in the Houston area than in any other place in Texas.

The truth of the matter is that trucking companies carry commercial insurance policies that protect them against personal injury claims. Many of these companies have truck accident quick response teams, which are sent to accident sites to help defend their case.

How Truck Drivers and Insurance Companies Defend Claims

Despite what many people believe, the fact that a truck driver gets a ticket because of the accident does not mean that the insurance company concedes liability. Here are several tactics adjusters use to defend your case.

The Accepts Responsibility Tactic

In fact, many insurance companies use the tactic of telling the injured victim that the insurance company “accepts liability” or “accepts responsibility,” only to dispute liability once a lawsuit is filed.

Statements by the adjuster and even written documentation of accepting responsibility do not bind the insurance company to stipulate liability in the case. It does, however, lead to your letting your guard down and failing to do things necessary to maximize your damages, which, of course, was their intent. Or worse, discourage you from getting an attorney.

The Statement Tactic

Every adjuster will want you to provide a recorded statement on how the crash happened. Don’t do it. Adjusters are schooled in exactly how to ask questions, not to learn how the crash occurred, but to get statements to defend the case.

Some typical got you questions:

• “When did you first see?”
• Time and distance questions
• “all your injuries”
• “What did you do to avoid?”
• “Were you belted?”

Here are some of the common claims that trucking companies and their insurers use to defend cases:

• The injured person was the person who was really at fault or partially at fault.
• A phantom or “unidentified” other driver is responsible or partly responsible for the accident.
• The crash was simply an accident, and the truck driver acted reasonably and should not be held accountable.
• The plaintiff (the injured person) has not proved the case or damages.
• The plaintiff was not injured in the accident or exaggerates his or her injuries.
• The medical treatment required for the victim was not reasonable or necessary to treat them for injuries sustained in the accident.
• The plaintiff has not proved his or her lost wages.

In short, insurance companies for truck drivers almost always dispute liability in court and always dispute damages. Some adjusters try to infer that you do not need an attorney in the hopes that you will delay and hurt your case before you hire the truck accident attorney you need.

Consult with A Leading Truck Accident Attorney in Houston

If you or a family member has been injured in a Houston truck accident, consult with a reputable truck accident attorney as soon as possible after the crash.

Represented Folks Get More Money

Study after study has shown that people who hire a good attorney net more money than those who handle a case on their own. Not to mention the stress, worry, and work of trying to handle a legal claim without representation. Protect your rights– speak with a top-rated trucking accident attorney now.

In an accident with a semi? Speak to the leading truck accident attorney for FREE

To schedule a free, no-obligation consultation with truck wreck attorney Greg Baumgartner, call us at (281) 893-0760 or fill out the online consultation form.

Related Resources:

Should I Talk with the Other Person’s Adjuster After a Crash?

https://www.txdot.gov/government/enforcement/annual-summary.html

https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts

About Greg Baumgartner

Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representation and personalized attention to every client.