Truck accident lawyers

Truck Accident Law – Obstacles Of A Case

This Blog was brought to you by the J.A. Davis & Associates, LLP – McAllen principle office in San Antonio

Trucking Companies, Insurance Adjusters, and Defense Specialists

A major obstacle to achieving compensation and bringing the responsible parties to account for their actions exists in the total defense of the responsible parties. Commercial big rig accidents are different from automobile accidents because of the legal complexities, the extent of damages, and the aggressive behavior of the agents of the trucking company and the insurance company. Below are some of the serious roadblocks to achieving justice in a fatal semi-truck accident, and some of the reasons why it is vital to retain the services of an experienced wrongful death attorney who knows the in and outs of fatal semi-truck accidents. More Information here

The Insurance Company
The fairly tame commercials that one sees on television for auto insurance companies present them as fair, consumer-friendly, almost altruistic companies who want to be seen as almost family-like or paternal in their protection of the policy-holders. The truth that everyone knows to be the case is that insurance companies are for-profit businesses that gamble their assets against the chance that the policyholders are injured and their vehicles damaged in an auto accident. When they are, or when their vehicles are damaged, the insurance company will work to show that it was the other party who was responsible, and the other party’s insurance company who should pay. In other words, insurance companies have a bottom line. They are not your friends. They are not your family. They are a business.

Compared to the insurance companies for commercial trucking companies, however, the standard auto insurance companies start to look pretty fair and altruistic. The trucking company that either owned the big rig involved in the accident or hired the owner-operator who drove the cargo purchased an enormous insurance policy to protect them in the event of an accident, but this by no means guarantees the family of the victim to an easy, hassle-free lump sum of compensation for their loss. The commercial trucking insurance company is dealing with policies that are 50 times larger than the standard policy for an automobile. The risk is so high that the insurance company hires a team of adjusters who are highly experienced and competent at short-changing the claimants in order to help the insurance company maintain or increase their profits.

You will probably be experiencing the results of a fatal semi-truck accident for the first time with this case and have the added burden of loss, financial instability, and emotional trauma. The insurance adjusters, however, are at the top of their game and have been doing this for years and excelling at it if they are the senior adjusters for a commercial trucking insurance company. They know how to play the situation to their advantage, even taking into account the vulnerability of a grieving family. The first thing they will do will be to meet you on the grounds that they ‘just want to help’, and they will talk about getting you the restitution you deserve. They will just want you to answer some questions, all routine type of stuff. Do not let this fool you. They will aggressively push you with question after question waiting for you to slip up and admit even the possibility of your loved one’s liability in the accident that took his or her life so that they can avoid compensating you for your loss. We have known insurance adjusters to visit the home of the grieving family, visit the funeral, the morgue, or the hospital attempting to get the loved ones to ‘sign a few papers’ in which they conceal the part where the family signs away their right to pursue a wrongful death lawsuit against them. Sometimes they will offer a settlement right off in exchange for an agreement not to sue. These settlements are always going to be inadequate, so you must not sign anything until you have retained the services of your own attorney and consulted with them at length about the process for what to do next. So many grieving families feel that signing a settlement will bring about some sort of closure and so they will accept unjustly low offers just to put everything behind them. Don’t do this. You deserve better and the liable parties deserve to be held accountable. Once you retain the services of the attorneys at our Law Office, we will deal with the insurance adjusters for you and we can guarantee that with our twenty years of experience with this sort of case, we will not fall for some trick or jeopardize your case.

Defense Specialists
In the majority of cases, the trucking company and the team of defense specialists they have at hand knew about the accident and the wrongful death of your loved one before you did. The moment the truck driver calls the trucking company to report the accident, they will build a defense team of attorneys and specialists in fatal semi-truck accidents and send them to the scene of the accident to begin the process of building a case against your claim. They will interview locals, find witnesses, and try to search for any evidence that will show that your deceased loved one or another third party was the liable party in the accident and that the trucking company bears no responsibility. This is their only possible course of action and they aggressively pursue it. When it come to uncovering witness statements, the driver of the semi truck has no interest in admitting that it was his or her fault and not the deceased. Their job and livelihood and hope of future employment depend on their record and they probably won’t throw that away just to be honest. The defense specialists do not have your interest in heart. They are thinking about the company they work for and you or your best interests do not come into the equation.

In order to succeed against these lawyers, you must try and combat their experience and competence with other experience and competence. For 20 years the attorneys in our Law Office have been dealing with fatal semi-truck accidents, the adjusters, and the defense specialists. We understand the complexities and we build our own investigative team as soon as our services are retained. We will immediately protect and sequester the vehicles that were involved so that we can keep them safe and preserve their integrity from any other party who might be interested in them, and we will set our specialists to work examining every inch of the vehicle. Others in the investigative team will be out in the field interviewing any available witnesses, pouring over research into the trucking company records, the record of the driver, collecting police reports, and on-site measurements. We will ascertain what happened, who was liable, and will build a case on that toward helping you achieve restitution.

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Blog Posts, Personal Injury

Auto Accident Settlement? Did You Get A Fair Shake

This Blog was brought to you by the San Antonio Car Accident Attorneys of the Carabin Shaw Law Firm in San Antonio

This was emailed to us:

Auto Accident Settlement?

I was involved in an auto accident in August, and it was determined that I was not at fault. The other party involved was driving a commercial van with an expired insurance policy. As a result, I filed a claim with my insurance company under my Uninsured Motorist Policy, which has a coverage limit of $50,000. My insurance company has already taken care of the damages to my vehicle and provided $2,500 under my Personal Injury Protection (PIP) for my medical expenses.

Unfortunately, I suffered a lumbar herniated disc and a “soft tissue injury” to my mid-back and neck. Excluding the PIP coverage, my medical costs totaled $10,500, including expenses for MRI scans and X-rays. Although I initially decided not to hire a lawyer, I reached out to my insurance company to discuss a settlement once I no longer required continuous treatment.

The initial settlement offer was $7,500, which was later raised to $10,000 during our conversation. However, these amounts still do not cover my past and future medical expenses. Recently, the insurance company offered $11,000 as their maximum offer, but I declined because it does not adequately compensate me for future treatments or the limitations I now experience. It’s worth noting that I underwent three months of treatment for my injuries, and I continue to experience significant pain when I move incorrectly or attempt to lift things. Furthermore, since the accident, I have incurred $1,000 in home repairs that I would have otherwise completed myself.

Now, my questions are as follows: Is the current offer fair? If not, what would be a fair counteroffer? Or should I consider hiring a lawyer? It’s important to note that I am not seeking to profit from this situation, as I understand that it was an accident. However, I do not wish to pay out-of-pocket for future treatments or bear the consequences of being unable to perform activities I previously could.

I am also curious about when the insurance company typically presents their final offer or reaches the maximum amount for a claim. I have medical insurance that has covered a portion of my expenses, but I will need reimbursement following the settlement.

Thank you for your assistance.

Best answer:

Thank you for providing detailed information about the accident. It’s not entirely clear whether the other party involved had insurance or not. However, it seems that your insurance company has taken care of all the necessary aspects and is now offering you a settlement.

In my opinion, your insurance company has done an excellent job by covering the damages to your car and your injuries. Considering that you have uninsured motorist coverage, you would have received nothing if you didn’t have this policy in place. Once you accept the settlement, your insurance company will pursue legal action against the other party to recover their expenses.

Based on the information you’ve provided, it seems that your insurance company has been more than fair in their offers. They will only pay you up to the limit specified in your policy. It’s possible that some details may be missing from your account, but if that’s not the case, I would recommend accepting the settlement. It sounds like you have a great insurance company, and I’m curious to know which one it is.

Please note that the above response is based on the information provided and should not be considered legal advice. Consulting with a personal injury lawyer can provide you with a more accurate assessment of your situation and help you determine the best course of action.

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Blog Posts

How To Avoid Traffic Tickets

This Blog was brought to you by the San Antonio Traffic Ticket Attorney Gordon Slade

This article encompasses all the significant information that you need to know to avoid a traffic ticket. It is obvious that you will panic at the time you have been asked to pull over. But, it is always better to keep your senses intact to deal with it. You may have a number of things lingering in your mind at the time you have been caught, but the only workable solution is to keep your mind focused completely on the situation.

Things to Do When You Are Caught

Most of us make an insensible mistake of asking the cops the reason for the stop. Avoid making this silly mistake! You know you have violated traffic rules, so don’t pretend anything! It is also important to keep your tone soft and polite. This will itself speak for your being sorry, which can be really helpful! If you have been asked to show your driver’s license or anything that may be needed by the cops, don’t show reluctance. Fully cooperate with the cop! Also do not show that you are nervous or tense, be comfortable, or at least show that you are comfortable. To avoid any misunderstandings against your actions, on the part of the officer, let him know that you are digging your pocket for a driver’s license or anything that you have been asked to show. If you have to produce something from the glove compartment, make sure you let the police know. Don’t make any quick reaction.

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Don’t Be Afraid

For one, who has never interacted with a cop before, it may be frightening to stand before the police answering his queries. However, you should not let the feeling of fright take over you. Remember, he is a police officer and he has been trained to be that way. He may have a gun and authority but you have not been accused of murder so just relax! Remember the police are here to protect us. They are our friends. The officer may try to intimidate you through his serious face, screaming voice, authoritative attitude, and a bit of aggression. If this happens, this is unusual. Most police officers are very polite. They are professional. If he is screaming at you, it is because he thinks you have committed a crime that is much bigger than the actual law you broke. All you need to do is to take that lightly and not panic. Try to look at cop them while talking. This shows you haven’t lost your confidence. Be very friendly. more here

A Non-Stop Eye Contact Can Save You

Your physical actions and movements display your underlying feelings and fears. A person who is guilty of something will always avoid looking in the eyes of the person, to whom he is accountable. That is why the officers keep a close eye on the behavior of the person they have caught. If you are lying, you will avoid looking straight into his eyes. Even if you are not lying but you avoid eye contact with him, because you find his eyes scary enough, you are making him doubt your truthfulness. Maintain eye contact and talk to him confidently to show him that you are not making up any stories. It is very important to remember that eye contact shall be avoided at the time you dig your pocket or the dashboard for your driver’s license or anything else. Eye contact at this point in time can make the cop think that you might be heading for a weapon. Don’t forget to take off your sunshades when you have pulled over. This lets the officer judge your conduct through your eyes. In case, the officer is wearing sunshades, he has the advantage of looking in your eyes but not letting you look into his. Don’t worry about this.

Be Vigilant When Answering His Questions

The officers are known for being smart enough to extract from the mouth of the people what they want to hear. Thus, be careful when they are questioning you. What you say in reply to the questions of the officer determines whether you will be charged with a traffic ticket or not. The officer may ask you if you know the reason why you have been pulled over. Never answer in the affirmative. Politely ask the reason. If he asks you whether you know the speed with which you were driving or not. Just tell him politely that you don’t. The trickiest of all the questions is when he asks you the reason for being so fast. Just pretend that you never noticed you were that fast.

The More Unnoticeable the Better

Try not to create any special and specific impressions about yourself in the mind of the officer. The more unnoticeable and inconspicuous you are the better for you. This way he wouldn’t remember any specific details of his encounter with you, which can benefit you in the court.

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