When it comes to trucking accidents and insurance, there are many things to consider. Insurance is a huge factor in the outcome of truck wreck cases. Often, lawyers must take insurance considerations—such as the level of coverage, comparative fault laws and multiple insurance companies—into consideration when building a case strategy.
So, what are the most common insurance considerations? What should you know about?
Multiple Insurance Companies Are Usually Involved
Truck accident cases are known for being complex. They involve many different companies and people. Often, they involve many different insurance companies too. Your own insurer might be involved. The truck driver’s insurer might be involved too. So might the insurance company for the trucking company or the truck manufacturer.
The Level of Insurance Coverage
Each person involved in the accident is likely covered by a different insurance policy with different policy limits. Sometimes, like with individual drivers, these policy limits are the minimum required by Texas law. Other times, the policy offers extensive coverage.
In truck accident cases, injuries are usually serious. Hospital stays can cost hundreds of thousands of dollars, and continuing medical care can run millions. If these damages exceed the insurance company’s policy limits, it can be difficult to collect the additional compensation—even if a court orders it.
The Laws of Your State and How Those Laws Affect Fault
Texas recognizes something called modified comparative fault. The law takes the injury victim’s actions into consideration. If a court finds that the injury victim is more than 51 percent at fault, he or she cannot collect compensation for the injury.
What does this mean? It means that fault is often a huge issue in trucking accident cases. It also means that it is possible to recover compensation for your injuries even if your actions partially contributed to the accident.
Insurance Companies Often Bully Accident Victims
Insurance is also a factor when unrepresented truck accident victims are bullied by insurance companies. These companies pressure them to settle their truck accident claims quickly, for a small amount and without talking with a lawyer.
If you are feeling pressured by an insurer, stop and consider the reason why. Could they be trying to take advantage of you? What seems like a large amount of money now may turn out to be much smaller in the future, after hospital bills come due, household expenses are covered, and future care is needed. Do not let an insurance company pressure you into acting without an attorney. If you have been injured in a truck accident, you should talk with a lawyer. Period.
Talk with a Lawyer if You Have Truck Accident Insurance Questions
To learn more about insurance issues in trucking accidents, contact the lawyers at Ted B. Lyon & Associates by calling 214-377-1623. Consultations are free and confidential. In your consultation, we can answer your questions and help you understand the best way to proceed.