Every business wants to keep costs low to improve profits and unexpected legal liability can certainly affect a company’s bottom line. This is the case for trucking companies, as well as their insurance providers. Insurers want to limit payouts whenever they can and truck companies want to limit successful claims to avoid increases in insurance premiums or prevent legal judgments against the company. For all of these reasons, trucking companies will often try to defend against insurance claims or personal injury lawsuits in any way possible.
Insurance companies and defendants to lawsuits have the right to defend against claims. Just because an accident victim states that a truck driver or their employer was liable, does not automatically make it true. Instead, the defendants will expect the plaintiff to provide sufficient proof of liability. In addition, an insurer or court will not simply accept the amount of damages stated by a claimant or plaintiff – instead, they will want proof of every dollar sought.
The following are only some of the specific ways a trucking company and its insurance company may try to defend against a personal injury claim.
The crash was a pure accident and the driver did not act negligently. In some cases, accidents may be beyond the control of all parties involved. If neither driver acted negligently, neither driver should be held liable. This is a rare circumstance, however, as most crashes involve errors on the part of one or more drivers.
The injured accident victim was negligent in causing the accident. Some defendants will claim the plaintiff was actually partially or totally at fault for the crash. However, even if you were deemed to have made a mistake, you may still be entitled to financial recovery under Texas law as long as you were not 51 percent or more at fault. Therefore, if a truck driver was 70 percent at fault and you were 30 percent at fault, you would still be entitled to partial compensation for your losses.
The losses claimed were exaggerated. Even if a trucking company concedes to liability, that does not mean that a case is over. An accident victim still needs to ensure they receive enough compensation to cover their past and future losses. Trucking companies may claim any of the following to reduce losses:
- Your injuries were not as serious as you claimed
- You did not need all of the treatment you received
- You did not need to miss work for as long as you did
Seek Help from a Qualified San Antonio Truck Accident Law Firm
The above are only some defenses that may be raised to your truck accident claim. To ensure you are successful in your case, you need the right truck accident law firm on your side that has the resources to take on large trucking companies and their insurers. These cases can be complex, but The Law Offices of George Salinas is here to assist injured accident victims. If you would like to discuss your situation for free, please call 210-225-0909 or contact us online today.