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Understanding the Opposition in a Fatal Truck Accident Case

As we mentioned on the explaining the basics page, accidents with commercial vehicles need to be handled differently than an accident with a car. At Grossman Law Offices we research our opponents so that we can stay a step ahead of the trucking companies.


Questions answered in this article:

  • Who is your enemy?
  • What will trucking companies do to discredit your case?
  • What kind of behavior can I expect from the trucking company?
Truck Driver Background Checks Following a serious accident, people often want to know if the trucker involved has a clean record or not...Read More >

Who is the Opposition?

This might seem like an obvious question. But, there are several entities fighting against you in a truck accident case. Each with their own varying motives:

The Truck Driver

Obviously the driver is one of the first people we look at when dealing with this kind of case. While situations are rare that a driver willfully seeks out the opportunity to do harm, even the most well-meaning of individuals has to consider their own well-being. For the truck driver, driving is their livelihood. Therefore, they won’t want to do anything to endanger their source of income. That often creates a situation when they are less than forthcoming regarding the circumstances of the accident. This dynamic is exacerbated by the agendas of the trucking company and the insurance company that covers the trucking company.

The Trucking Company

The trucking company would ultimately bear liability for the mistakes of their employee. That means that the company itself and the lawyers that work for them are highly motivated to make sure things work in their favor. It isn’t beneath the trucking company attorneys to influence the driver that caused the accident to modify their account of the accident, or to even seek out witnesses before the authorities can. We’ve even seen companies follow victim’s families to try to get “dirt” on them. The trucking company can, and will, do anything to tarnish the reputation of the victim or their family. And when an entity like a trucking company has as much to lose as they do, you better believe they’ll be willing to do just about anything to protect their money.

The Trucking Company’s Insurance Provider

Insurance companies that represent the trucking company must also be kept in mind. Trucking companies are required to carry major insurance policies that can be worth millions depending on what they are carrying at the time of the accident. Insurance companies are all too willing to fight to defend their policy. They often try to tempt victims to settle their claims early for far less than the fair degree of compensation. Settling early to get this whole ordeal behind you may seem beneficial, but, you could be missing out on millions.

No lawsuit has any value until you prove it. That means you have to prove that the damages were severe and that the truck driver is to blame. If your loved one was killed in an accident with an 18-wheeler, the value of that case can be significant. But if you can’t prove that the truck driver was at fault, then there’s no case at all.

Proving Liability

As we’ve already seen the insurance carrier and the trucking company are both going to put up quite a fight when it comes to accepting liability for a fatal accident. This will manifest itself in accusation as to who is to blame and assaults on the character of the victim or their family. The trucking company will use this to their advantage, because it’s always easier to pin the blame on someone who’s dead and can’t argue otherwise. This is why evidence in your case is incredibly important. But if the trucking company can’t blame the entire accident on the victim, they may only try to blame part of the accident on the victim.

How Trucking Company Investigators Conduct Surveillance on Accident Victims Read More >

What They Will Do To Deflect Liability

We’ve mentioned a few examples briefly. Let’s look at a few more examples of the shocking behavior trucking companies and their lawyers exhibit while trying to shift the outcome of the case in their favor.

  • Attack the character of the victim or their family.
  • Look through the victim’s social media accounts.
  • Look into the personal history of the victim for incriminating information.
  • Look at victim’s police records.
  • Obtain the testimonies of friends, family, neighbors, to twist for their own use.
  • They will even spy on your family without your knowledge.

This kind of behavior is unbelievable, but when a company with millions of dollars on the line is put in a tight spot, they fight dirty. Luckily, being a Texas based law firm, we’re not afraid of a little dust. We have over 25 years of battling with trucking companies and we can answer whatever questions you have about your case. Give us a call today. We have attorneys available to talk to you 24/7. You can reach us anytime at (855) 326-0000 if you or your family need clarification on anything you’ve read in this article.

Related Articles for Further Reading:

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