Posted on | February 17, 2011 | No Comments
Trucking Companies, Fault and Insurance Companies
Under Texasâ€™ principle of modified comparative negligence, if itâ€™s determined that youâ€™re 51% or more at fault in a truck accident, you arenâ€™t eligible to recover damages in court. Additionally, even if youâ€™re judged to be less than 51% at fault, your compensation will be reduced by the percentage of the fault assigned to you. For example, if you suffered $100,000 in losses but are deemed 40% at fault, the most you could recover is $60,000. Insurance companies that underwrite policies for trucking companies and truck drivers are aware of the principle of modified comparative negligence. As a result, they have a financial incentive to shift as much blame onto you, the truck accident injury victim, as possible.
Playing the Blame Game: How Trucking Companies Try to Shift Blame
Most trucking companies train their drivers in what to do and say after and accident. Here, trucking companies try to minimize their liability as much as possible by encouraging truck drivers to avoid saying anything that could later be used against them. Doing so provides time for accident investigators from their insurer to arrive on the scene and begin collecting evidence.
While evidence may exist indicating that a truck driver exceeded his allowable drive time hours or was speeding, investigators will try and determine the position of your car when the accident happened. They may claim that you were driving in one of the four blind spots on a truck or that you were driving to close; they may argue that you did not pass a truck using proper protocols; or, they may claim that cut a truck off.
Avoid Talking to Insurance Claims Agents and Attorneys for the Truck Driver
Insurers realize the more blame they can shift on to you means the less theyâ€™ll have to pay in an award or settlement. As a result, itâ€™s not unusual for insurers to call injury victims shortly after an accident in the hopes of getting them to say something they can use against them later.
An insurance claims agent may ask you what you remember about the accident, if you were driving behind the truck, how close you were driving, if the sun was in front or behind you, etc. Here, the insurer is hoping youâ€™ll say something that will put some or all of the blame onto you for the truck accident. You may even be asked if you take prescription medication or wear glasses when driving.
Protect Your Interests – Contact Our Houston Truck Accident Attorneys
If youâ€™re suffering from a serious head trauma, spinal cord injury, amputation, burn, or broken bones due to a negligent truck driver, contact McKinney, Texas truck accident attorneys at the personal injury law firm of Gibbs Nolte Robison Rose PLLC. Once you hire us to represent you, insurers or lawyers representing the trucking company of the truck driver that hit you must contact our office and leave you alone. We will vigorously defend your rights and immediately begin the process of investigating the truck accident you were injured in.
We have the power and resources needed to ensure a balance of power in the courtroom â€“ contact Gibbs Nolte Robison Rose PLLC today.
Located in McKinney, Texas, Gibbs Nolte Robison Rose PLLC, represents individuals and businesses throughout the Collin County area in family law, criminal defense, personal injury, estate planning and employment law, as well as civil litigation matters. Our clients come to us from throughout Collin County and the North Dallas area, including McKinney, Frisco, Plano, Prosper, Anna and Melissa.