A truck accident causes confusion, pain, and uncertainty. After such an event, you want to focus on your physical and emotional recovery. Unfortunately, you will also have to deal with the legal process and an insurance company that will complicate your life.
Many contingencies happen when you begin the legal process after a truck accident. You never quite know how the insurance and trucking companies will react to your claim that their driver was at fault for the accident. They may concede liability and move directly to trying to negotiate compensation.
Alternatively, they may deny your claim entirely and force you to litigate.
There is also a third possibility: The insurance companies may try to claim that you share part of the blame for the accident. You cannot afford to let wrongful allegations stand because they can significantly impact your potential compensation.
You have legal options when the insurance company wrongfully blames you, including a full trial in front of a jury, but you need the help of a truck accident lawyer.
Only a truck accident attorney can help you beat back these accusations and qualify for the full financial compensation you deserve.
If you do not already have a truck accident attorney representing you, now is the time to speak to and hire one. Insurance companies may notice that a tough lawyer is representing you, and they will see that you mean business.
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You Need to Prove Negligence to Win a Truck Accident Case
In any truck accident case, you must prove wrongful action on the driver's part. Specifically, you must demonstrate that they caused the crash and your injuries.
Some truck accidents may involve competing stories about liability. Even if the truck driver did something wrong, insurance companies may blame you for the accident. They may say that both you and the truck driver caused the truck accident, and this outcome may have significant ramifications.
Why the Insurance Company Wants to Blame You for the Truck Accident
Insurance companies have every reason to blame you for the accident in any way that they can. They may already realize that the truck driver was negligent and are looking for a way to avoid paying you the large sum of money you are due. Even if the insurance company cannot entirely blame you for the accident, it may try to claim that you bear part of the fault for what happened.
Being partially at fault for a truck accident somewhat breaks the chain of causation that otherwise entitles you to financial compensation for your injuries.
The fourth and final element of the negligence test is that you would not have suffered an injury had it not been for the actions of the truck driver or trucking company.
You must show that the truck driver was both the proximate cause of the accident and the cause-in-fact. If you are facing accusations of doing something wrong, the insurance company may try to prove that the truck driver's actions did not cause your injury.
What May Happen When You Are Partially at Fault
If the insurance company can make the allegations stick:
- The insurance company will deny you compensation entirely if you bear even a small portion of the accident.
- The insurance company will proportionately reduce your compensation by the amount of fault you bear.
- The insurance company will deny you compensation if you are more than 50 percent to blame for the accident (if you are less than 50 percent at fault, the insurance company will reduce your compensation by the amount of fault you bear).
You Need to Fight Back When the Insurance Company Blames You for the Truck Accident
Any allegations of wrongdoing on your part can reduce your financial compensation.
Insurance companies may spot an opportunity to reduce their tab and accuse you of anything they can. They may claim that you broke the speed limit or drove carelessly at the time of the accident. Otherwise, insurance companies know you may recover a substantial sum of money.
You must fight back no matter what type of conduct the insurance company accuses you of. If not, the insurance company's story may prevail over yours, costing you money.
Although in a truck accident case, you must prove the truck driver’s fault, you may also need to prove that you were blameless. As unfair as it may seem, it is what you have to do if the insurance company accuses you of any wrongdoing.
Your truck accident lawyer will not only need to present evidence about what the truck driver did, but they may also need to assemble proof that exonerates you from any allegations you face.
Your word only goes so far in any personal injury case. A denial without evidence to corroborate it may only count as tacit admission to what the insurance company says.
Your truck accident attorney must present evidence, such as witness testimony and crash scene pictures, to back up your side of the story. They may work with forensic experts who can recreate the accident to show that you were not at fault.
Insurance Companies Do Not Get to Make a Unilateral Determination of Fault
Even if the insurance company tries to blame you for the accident, it does not serve the role of judge or jury. Insurance companies are not the finders of facts; all they can do is make allegations of wrongdoing. It is up to others to establish the truth in your case.
Your truck accident lawyer will fight back in the claims or settlement negotiation process when the insurance company tries to partially blame you for the accident, knowing what is on the line. They may explain to the insurance company to back down. However, if insurance companies think they have any evidence that can implicate you, you can expect they will take a hard line in your case.
A Jury Can Decide Fault for the Truck Accident
If the insurance company persists in wrongfully blaming you in part for the accident, your truck accident lawyer may have to take the case out of its hands entirely.
You may need to go to trial, where a jury will decide liability and whether you were at fault. Insurance companies have a motivation to avoid the jury at nearly all costs because the average truck accident verdict is well into the seven figures.
They may even be in trouble with their trucking company policyholder in a bad faith lawsuit if they did not settle your claim when they should have.
Making wrongful allegations against you in a way that undermines a possible settlement may result in a bad faith lawsuit if the trucking company ends up liable for a significant judgment.
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Do Not Talk to the Insurance Company About the Accident
In the meantime, you must not speak with the insurance company. Many allegations of partial driver fault stem from conversations with the insurance company that the motorist never should have had in the first place.
Insurance companies only need a snippet of a conversation that they can take out of context when they want to try to blame you. You never need to talk to the insurance company in the first place, but you may only know that if a truck accident attorney represents you. This situation is precisely why you need to hire a truck accident lawyer early in your case.
Insurance Companies May Take More Care When They See You Have a Lawyer
Hiring a truck accident lawyer is a must after any crash, and it is even more vital when there is potential for you to face allegations about your actions. Your truck accident attorney may need to go on the defense at the same time that they take the fight to the trucking company.
Without a truck accident attorney, you may have no way to combat any accusations against you, and the insurance company may prevail over you because you can do nothing to counteract it. Insurance companies may take fewer liberties with your rights when they see someone on your side who can hold them accountable.
If you can prove that the truck driver caused the accident and beat back the trucking company's allegations, you may recover compensation.
The insurance company may owe you:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Emotional distress
Insurance Companies May Worry About Punitive Damages
One of the major risks the insurance company takes by going to trial is that the jury may order the trucking company to pay a high amount of punitive damages. Thus, if you fight back at the outset when insurance companies try to blame you for the accident, they may think twice about taking the case to trial.
Sometimes, the prospect of punitive damages may be enough to bring insurance companies back into line when they take an unreasonable stance in settlement negotiations.
However, they must know that you have a credible threat of litigation, and they only understand that when they see you have an experienced truck accident attorney on your side who has a track record of taking cases to court and winning.
Hire a Truck Accident Lawyer Immediately After the Crash
It is vital to hire a truck accident attorney as soon as possible after your accident. You never know when the insurance company may blame you for the crash wrongfully, and you need to protect yourself if this happens. If the insurance company sees that you lack legal representation, it may be more likely to try to blame you.
On the flip side, insurance companies may pay far more respect to your legal rights when they see that you have hired a personal injury attorney who can make them pay when trying to be difficult. An experienced attorney understands the tactics used by insurance companies and knows how to counter their arguments.
Many people hesitate to seek legal representation because they worry about the cost. However, most truck accident lawyers work on a contingency fee basis, which means they only get paid if they win your case. This arrangement allows you to have legal representation without worrying about upfront fees or out-of-pocket expenses.
When you hire a truck accident lawyer, they will assess your case and determine its potential for success. If they believe you have a strong case, they will proceed with representing you.
Throughout the process, your lawyer will handle all the legal aspects of your case, including gathering evidence, negotiating with insurance companies, and advocating for your rights.
If your lawyer successfully secures a settlement or wins a judgment on your behalf, their fee will be a percentage of the compensation you receive. This arrangement means you do not have to pay anything upfront or during the legal process. The lawyer's fee comes from the final settlement or award, ensuring you do not have any additional financial strain.
If the insurance company tries to blame you for a truck accident, you must seek the assistance of an attorney. They will provide the experience and guidance needed to protect your rights and pursue the compensation you deserve.
Do not let the insurance company take advantage of you - stand up for yourself with the help of a skilled lawyer.
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