Common Defenses In Semi-Truck Accident Cases

A trucking company could be on the hook for millions of dollars after a serious semi-truck accident, and their first goal is to either place the blame on someone else, including the injured victim, or trick the injured victim into accepting a settlement that is far less than what the victim could be entitled to under the law.

Trucking companies are notorious for their aggressive approach to defending bodily injury and wrongful death claims if one of their vehicles is in an accident. In some cases, the conduct that these companies and their lawyers engage in is even more worse than the behavior seen from car insurance carriers.

Trucking companies know that there is always a risk of one of their vehicles getting in a serious crash, and the larger companies will have a team of people – including collision experts and lawyers – standing by for the sole purpose of responding to the scene of a serious accident.

When a truck driver gets a ticket from the police for doing something illegal, many people assume that means the insurance company concedes liability. This is not true. Some insurance companies will tell and injured victim that they “accept responsibility” for the accident, only to later dispute liability if there's a lawsuit.

Common Defenses Used By Trucking Companies After An Accident

  • A “phantom” or unidentified other driver caused the accident.
  • The injured person was at-fault, not the truck driver.
  • The injured person has not proven their case or injuries.
  • The crash was simply an accident – the truck driver should not be held accountable.
  • The injured person is exaggerating their injuries.
  • The victim has not proven their lost wages.
  • The injured person underwent unnecessary medical treatment for their injuries.

Insurance companies for trucking carriers will usually take a very aggressive stance in settling accident claims. Certain insurance companies have a reputation for making extremely low settlement offers, even if the victim’s injuries are severe.

Consult With An Attorney After A Semi-Truck Accident

Studies have shown that in larger cases with more serious injuries, a semi-truck accident victim is likely to recover more compensation for their injuries with the help of a lawyer than without, even after subtracting the lawyer’s fee. 

Why is this so? Because the attorney has specialized knowledge and the legal authority to go to court, thereby forcing the trucking carrier and its insurance company to incur more expense by having to hire its own attorney(s). An experienced semi-truck accident attorney usually has a better understanding of what the claim is worth and then can often communicate the value of the claim to the insurance adjuster. 

Without a deep understanding and knowledge of the process for settling and litigating semi-truck cases, the person who declines to hire an attorney may be at a serious disadvantage when dealing with seasoned trucking company insurance representatives.

If you or a family member has been injured in a semi-truck accident in Washington State, contact a reputable semi-truck accident attorney as soon as possible after the crash. Attorney Chris Davis and the legal team at Davis Law Group, P.S., has represented semi-truck accident victims for over 20 years. Call Davis Law Group at (206) 727-4000, use the chat feature below or fill out the contact form on this page for a free case evaluation.

Chris Davis
Award-winning personal injury attorney and founder of Davis Law Group, P.S. in Seattle, Washington.
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