Common Defenses in Trucking Accident Cases

Defenses by Truck Accident Insurance Companies

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

attorney for trucking accident

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 they 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. In fact, many insurance companies use the tactic of telling the injured victim that the insurance company “accepts liability” or “accept 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.

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

  • The injured person was the person 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 is exaggerating 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 will hire the attorney you need.

Consult with A Leading Truck Accident Attorney in Houston

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

Study after study has shown that people who hire a good attorney net more money than handling a case on their own. Not to mention the stress, worry and work of trying to handle a legal claim without representation.

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

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

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