//3 Defenses Motor Carriers and Insurance Adjusters Use in Truck Accident Cases

3 Defenses Motor Carriers and Insurance Adjusters Use in Truck Accident Cases

If you sustained serious injuries in a truck accident in Texas, you are not alone. According to the National Highway Traffic Safety Administration, Texas had the most trucks involved in fatal collisions in 2014, and accidents that cause debilitating injuries remain common across the state.

Although truck crashes may be prevalent, that does not necessarily mean their many victims receive the compensation they deserve. Both motor carriers and their insurance providers apply all kinds of strategies to deny claims that are technically legitimate, leaving injured individuals in dire financial situations.

If you were hurt in a truck crash and you want to hold the liable trucker or transportation company financially accountable, contact the Cooper Law Firm. Our legal team has the determination, experience, and resources to take on even the largest motor carriers and insurance providers. Call 903-297-0037 to schedule a free case evaluation with a truck accident lawyer in Tyler.

Read on to learn about some of the more common reasons insurance adjusters deny truck accident claims:

  1. The Passenger Vehicle Motorist Was More Than 50 Percent at Fault

When it comes to accident claims, Texas operates under a modified comparative fault rule, which means injured parties cannot recover compensation if they are more than 50 percent liable for the incident. Thus, if both the trucker and the passenger vehicle motorist were partially at fault for the collision, the motor carrier’s insurance adjuster may try to argue that the motorist was more than 50 percent liable in an effort to avoid distributing compensation.

  1. A Hit-and-Run Motorist Was Responsible for the Collision

The aftermath of a truck collision is often chaotic, and your memory can be unreliable following traumatizing situations. For these reasons, it is essential to document the scene immediately if you are physically capable of doing so. Otherwise, you may not remember what might have caused the crash, nor will you have any substantial proof to remind you.

The opposing party, on the other hand, could argue that a hit-and-run driver was at fault. If you cannot refute this claim and investigators do not gather evidence to the contrary, you may be unable to secure compensation from the other party’s insurance provider.

  1. The Plaintiff Did Not Sustain Qualifying Injuries in the Crash

Certain impact injuries do not necessarily exhibit symptoms immediately. Likewise, the adrenaline that the body produces following a traumatic incident can mask the painful side effects of severe injuries; however, if you postpone seeking medical care after a truck collision, the opposing party may argue that your injuries are either not that serious or were the result of some other incident that occurred after the crash.

If you were hurt in a truck accident that was not your fault but the insurance adjuster is refusing to work with you, contact the Cooper Law Firm. Attorney N. Eric Cooper provides aggressive legal representation for clients throughout east Texas.

Call 903-297-0037 to schedule a free consultation with a truck accident attorney in Tyler. If you want to learn more about truck collision claims in Texas, visit truck-accident.usattorneys.com/texas

 

By |2017-12-20T19:18:20+00:00December 20th, 2017|Accidents|Comments Off on 3 Defenses Motor Carriers and Insurance Adjusters Use in Truck Accident Cases

About the Author:

N. Eric Cooper graduated from Baylor Law School in 2002. Following graduation he was sought after by several firms, but decided to accept a position with Brown McCarroll, LLP’s Longview office. Eric chose this office because of the lifestyle offered by Longview and the surrounding East Texas area.

Pin It on Pinterest

Share This