In Phoenix, truck accidents frequently result in serious injuries and property damage. After collisions, truck drivers typically fare better than vehicle drivers and motorcyclists. This does not necessarily imply that a trucking business will take responsibility for a significant or catastrophic collision on its own. It is extremely typical for a trucking company and its insurance provider to contest liability claims in order to avoid paying any further fees. An insurance company’s purpose is to make tiny payments, not significant judgments. When they are made to agree to significant settlements, they raise their premiums to make up for the cost to their customers. You should contact truck accident attorneys in Phoenix to avoid getting lowballed by insurance companies. The lawyers will know all about the insurance company’s strategies to lowball a victim and can counteract this.
What are some of the defenses used by trucking businesses and their insurance companies to avoid responsibility? Here are a few tactics that trucking businesses frequently employ.
Blames the Accident Victim
The truck driver, trucking company, and their insurance provider usually blame the accident victim. Unfortunately, this tactic frequently succeeds, particularly if the victim delays hiring legal representation. Truck accident victims may experience multiple stressors at once, including serious injuries, financial obligations, and lost wages. These strains may make people extremely prone to capitulating or making poor decisions while speaking with insurance adjusters. How can a truck accident victim prevent this from happening? The first thing a victim should do after an accident is call a lawyer. A lawyer is aware of how to counteract this kind of tactic.
Underplay the Severity of Your Injuries
The insurer for a trucking firm may attempt to minimize the victim’s injuries if it cannot convincingly assert that the company or the driver was not at fault for the collision. For instance, the insurance provider can claim that the victim’s injuries weren’t caused by the collision or that the doctor miscalculated the severity of the injuries. When this occurs, the sufferer is required to demonstrate that their damage is serious and that it requires medical attention. Hiring a knowledgeable attorney is the most effective approach to creating a compelling case. A lawyer can be of great assistance because going up against a trucking firm alone might be difficult. A lawyer will know how to compile the necessary documentation and proof to demonstrate the injury’s genuine nature.
Drivers of Independent Trucks
Another strategy is to claim that the truck driver is not an employee of the business. The trucker is considered to be an independent worker in other terms. The trucking firm and its insurer are not concerned with whether the truck driver was at fault for the crash while using this strategy. Instead, the two parties are attempting to place all of the responsibility on the truck driver. It’s crucial to realize that this might or might not be a tactic to avoid having to pay damages. In reality, some truck drivers work independently. If the trucking firm is reluctant to give evidence until ordered to do so by the courts, a lawyer can learn the truth.
Accusing Others
Trucking companies collaborate with outside parties like freight and cargo loaders. In order to allay suspicion, a transportation business could assign blame to a third party. For instance, a trucking firm can assert that the cargo loading business was careless and loaded the cargo incorrectly. The freight-loading business might respond by contesting the unfounded claims. These accusations not only take time, but they may also cause the accident victim’s compensation to be delayed. Another tactic is to blame the government as a whole. Truck drivers’ cars may swerve out of control on bad roads. The trucking firm and its insurance provider may attempt to place all the blame on local, state, or federal employees and entities if it is possible that the accident was caused by poor road conditions.
The victim or a family member if the victim is dead, may receive compensation from the trucking firm. Even though a victim may find a substantial, lump-sum compensation offer alluring, it should be carefully reviewed with the help of an experienced attorney. Over time, medical expenses for treatment—including continuous therapy, surgery, diagnostic procedures, and even medications—can mount. Even if a victim has health insurance, it might only cover a part of the expenses for medical care. Furthermore, other people have no insurance at all, leaving them to pay for their medical expenses for the rest of their lives. A lawyer is qualified to estimate the actual long-term costs of a serious truck accident. This aids in their efforts to reach a higher settlement. The attorney may file a lawsuit if the insurer doesn’t change the original demand.
