Who Is To Blame In The Commercial Vehicle Accident That Injured You?
To submit your lawsuit, you must determine who actually caused the accident that hurt you. In most commercial vehicle trucking accidents there is more than one party at fault, at least partially, and assigning degrees of responsibility may be a complex process. In the state of Texas, there is the legal concept of respondeat superior that holds employers liable for acts of their workers. Therefore, in cases of commercial vehicle accidents, there are generally at least two defendants – the driver and the commercial vehicle firm that employs him. If the commercial vehicle driver suffered a momentary lack of concentration and caused a wreck, the commercial vehicle firm is also liable.
However, responsibility is rarely limited to these two parties. The firm that loaded the commercial vehicle could have failed to secure the cargo correctly, causing a load shift, which causes an accident. The firm that planned the highway could have sent the commercial vehicle on a street that is not designed for commercial vehicles. If a mechanical challenge caused the accident the mechanic who maintained the commercial vehicle could be liable. And it’s also possible that the driver of another car drove hazardously, that the commercial vehicle swerved to hit another car. Very rarely is the question of responsibility in an accident involving a commercial vehicle easy to establish. To complete your lawsuit, you need a knowledgeable commercial vehicle accident attorney who knows how best to investigate the exact cause of the accident, if you know who is liable for damages. More here @ https://caraccidentattorneysa.com/truck-accident-lawyers-in-corpus-christi/
Commercial Vehicle Drivers Will Lie
Do not expect a commercial vehicle driver who caused the accident to admit their responsibility. What happens to a commercial vehicle driver who is negligent in an accident? He will most probably find this hard to find a commercial vehicle driving job with another firm, as he now has a black mark on their driving record. With the state of the job market and the economy, many who are otherwise reliable will lie to protect their jobs and the ability to provide for their families.
By way of example, a client once engaged the firm to deal with a lying commercial vehicle driver. Our client was hurt in a commercial vehicle accident one night and the commercial vehicle driver asserted our client was driving without headlights at the time of the accident. Our investigators diligently searched the scene and saw a security camera at a nearby store pointing directly at the point of impact. After obtaining a copy of the video, we had a clear picture of our clients with their lights shining. When the commercial vehicle driver has repeated their lies during the deposition, he was caught. Dishonesty and deception are common in commercial vehicle accidents. Our commercial vehicle accident attorneys and their team know how to find the critical physical evidence through a thorough examination and how to ask the right questions to catch people lying.
Large Insurers of Commercial Vehicles
The federal government requires carriers to purchase large insurance to protect against the inevitable accidents resulting from doing business. However, do not believe that the process of resolving a personal injury action will be quick and painless just because the commercial vehicle firm is insured. Insurers are trying to make money, not help you. As commercial vehicle insurance is much more valuable than the standard automobile insurance policies and they will fee huge sums of money for the insurance firm, they will fight hard to protect its assets. Adjusters live by the adage, “if you give someone an inch, they will take a mile.” They think if they offer you something, the next victim will ask for more. They do what they may to protect their money.
The fact of your injury does not mean that the law guarantees compensation. According to the Texas Civil Remedies Code, an injury victim or relatives of a party who unjustly died in a commercial vehicle accident are entitled to bring action against the commercial vehicle firm. However, the victim or victim’s family has the burden of proof to establish the responsibility of the carrier or insurer for reimbursement. The victim must show that the compensation sought is fair and distributed equally among all those liable according to their relative degree of responsibility. On the other hand, the insurance firm also has rights and will be trying to reject the lawsuit or reduce the size of your compensation.
Tricky Adjusters
With so much money involved in commercial vehicle insurance, insurance firms generally assign their most experienced adjusters to take these assignments. They handle insurance claims for a living, and they know how to manhandle accident victims. They will pretend to be your friend and inform you they are there to help you receive compensation. They will inform you they just want to ask you a few routine questions. Insurance adjusters are not interested in getting you help, but just trying to save their firm money. They ask questions to try and drag you into admitting your responsibility for the wreck. Then they may refuse your request. In some cases, they attempt to convince the victims of accidents to waive the right to sue in exchange for an unjust settlement that does not adequately compensate for damages caused by an accident.
When they fly in from New York or Chicago and see that you’re at the table alone they celebrate. They know that someone without judicial experience has no chance of beating them. You need a knowledgeable commercial vehicle accident attorney to strike fear in the insurance firm.
Defense Specialists
Insurance firms do not look for lawyers as you might because they retain lawyers who specialize in defending commercial vehicle firms for personal injury claims. They know all the tricks of the trade to handle the case on behalf of their employers and investigate the scene of the accident when this happens. They are not concerned with finding out the truth; their purpose is merely to build a case against the victim before they decide to engage a lawyer. The longer you wait to engage a lawyer; the more behind your lawyer is going to be. Click on this link @ https://no1-lawyer.com/truck-accident-lawyers-in-odessa/
Self Insured Commercial Vehicle Firms
Some firms guard against commercial vehicle accidents by setting aside a portion of their assets, rather than subscribe to a standard insurance policy. These firms have developed a reputation for being hard negotiators prone to undesirable behaviors. The federal government regulates the registration of insurance firms, licensing of insurance adjusters and requires them to respect certain principles. No such ethical bonds restrict these self-insured firms and seeking compensation for them may be an awful experience. By taking on a self-insured firm you won’t be dealing with the insurance adjuster, but rather an agent of the firm whose income is most probably derived from profit sharing. If the agent agrees to compensate the firm, they literally give you money from their own account, so be assured the agent of the firm will use any means he may deny your lawsuit.
Self-insured firms have been known to tamper with the physical evidence, engage in witness perjury, and even intimidate and threaten victims. If a self-insured firm harasses you, contact us immediately and we may force them to deal with you in good faith.
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