Episode 112: Calloway County injury attorney Jeff Roberts discusses various games insurance companies play after a trucking accident. Jeff has over 33 years of experience representing injured clients. Unfortunately, he’s seen tactics used to try to avoid paying the amount of damages an injured client deserved, after a devastating trucking accident.
Nobody Plans to be in a Trucking Accident
People generally assume that if they are involved in a crash with a semi, then the trucking company will have good insurance. In reality, the injuries often resulting from a collision with a large truck can be much more serious. Passenger vehicles are no match for a tractor trailer traveling at highway speeds.
The larger trucking companies and their insurance companies usually have a policy requiring the truck driver to immediately contact their dispatch to notify them of the collision, sometimes even before calling 911. The company will quickly deploy a regional, rapid-response team to the accident site. They will begin examining the evidence and an on-site accident reconstructionist will begin analyzing the findings to try to determine what happened. This can help the company to begin “controlling the story” of what may have caused the trucking accident. They obviously want to minimize any blame for negligence on behalf of the truck driver.
It’s not uncommon for these response teams to use drones to gather footage of the accident scene. Jeff has seen cases in which there were no skid marks to indicate the truck was breaking before the collision took place. The photos will be cropped to only show the truck and avoid showing the pavement directly behind the truck, ignoring the absence of skid marks. This effectively leaves out important evidence indicating possible negligence by the trucker.
Jeff has also seen cases in which the response team provided information to the police at the site, intended to potentially influence how the officer or trooper reports the facts of the accident scene.
Another unfortunate factor is that the driver of the car may be catastrophically injured, so the officer will not have a chance to get their comments at the crash scene. However, the trucker may be okay enough to make initial statements about what caused the wreck.
These are only a few of the reasons Jeff recommends getting an attorney involved early in the process. Your attorney can also get an accident reconstructionist to the scene, before key evidence like skid marks fade away, or get mixed up with marks from other traffic.
Evidence Can Get Lost or Destroyed
This is another reason you need to get an attorney involved, quickly. The trucking company may send the damaged truck to a scrap yard, before important black box data is downloaded from the truck. That data can indicate the speed of the truck and other factors, leading up to the moment of the trucking accident.
Another game that can be played is if the truck isn’t totaled and destroyed, the insurance company my expedite repairs to the truck to hide specific evidence that could indicate negligence by the driver.
Shamefully, the black box data can be “accidentally” erased if the truck’s ignition is turned on enough times to recycle the tracking data. It basically begins to over-write the data with new information. The result is that the black box evidence related to the accident is lost.
In Kentucky, if evidence is lost or destroyed, it may be possible for your attorney to get the judge to add an instruction to the jury that they may assume the missing evidence might have been beneficial to the plaintiff and his/her attorney. Naturally, the attorneys for the trucking company will argue the loss of the evidence was purely an accident, with no ill-intent.
Jeff Quickly Issues Preservation Letters
Because Jeff has seen how many games insurance companies play after a trucking accident, he quickly issues letters to the insurance company requiring them to preserve any and all evidence related to the accident, involving his client. This gives him and his team of experts time to examine the evidence, including the black box data and other key items.
If the trucking company proceeds to destroy the evidence, it looks much worse for them when this is explained to the jury. They had the letter, but for whatever reason, they ignored it.
Intentional Misclassification of the Truck Driver
Another one of the games insurance companies play after a trucking accident, is to intentionally misclassify the employment status of the driver. They may list the driver as an independent contractor, in an attempt to limit their legal exposure. This can also impact the company’s worker’s comp policy for the truck driver.
A variation of this intentional game might include leasing the truck to the trucker, which can limit the trucking company’s exposure. While this might seem like a good idea for the truck driver, in reality, they could get stuck with the legal liability and their own medical bills. The trucking company will typically try to shift the liability, even though the driver may exclusively drive for the company and has a scheduled controlled by the company.
There are independent truck drivers, who usually arrange their own loads. They can drive for multiple companies. This is not uncommon.
Using Shell Companies to Avoid Liability
Jeff has seen situations in which the trucking company will use multiple, shell companies in an attempt to mask or avoid liability, as a result of a serious collision. One company may own the truck, which is then leased to a subsidiary. Another entity may employ the driver, and so on.
If the attorney is contacted late in the game, it may be difficult to identify all of the potential parties that would be named in a lawsuit. This would have to happed, before the statute of limitations expires. Jeff discussed that issue in Episode 55.
Data on the Truck Driver Can Get Deleted
The trucking company should have a file on the truck driver involved in your trucking accident. In an effort to play games, it’s possible the company fired the truck driver and deleted his employment records and credentials. When your attorney requests information on the driver to determine if the driver had a bad history, the information would not be able to be produced. A bad driving record could be an important piece of evidence your attorney would present at trial. Again, this is one of the items Jeff would include in his preservation letter, mentioned earlier.
Insurance Companies Will Try to Blame the Victim
Ultimately, one of the worst games insurance companies play after a trucking accident, is trying to blame the victim for the collision. They’ll try to blame them either in whole are in part. The insurance company’s attorney may claim the car crossed the center line. Maybe the driver of the car was going too fast for the road conditions, even if there’s no evidence to support those claims. This is another reason it’s important to get access to the truck’s black box data, before it’s deleted or destroyed.
It’s also important to get the car’s black box data. Given the probable damage, the car may be totaled and scrapped. Again, it’s important to move quickly to get the information. The owner may want to sell the totaled car, so they can get it replaced. You don’t want to lose that data.
In Episode 96, Jeff discussed the fact that Kentucky is a pure comparative fault state. You can click the link to listen to why the trucking company’s insurance company wants to shift even part of the blame onto the other vehicle. It directly affects how much you can recover in damages.
Giving a Recorded Statement to the Insurance Company
This is also a reason you want to be careful with giving a recorded statement. You should have your attorney involved in the call, to be sure the questions are fair and your answers are safe. Your attorney can add information to provide additional context on your behalf. Jeff normally requests the same right to secure a recorded statement from the truck driver.
Your Medical Problems Were Caused by Pre-Existing Conditions
This is another common game insurance companies play after a trucking accident. They may send you to a certain doctor they know may be open to attributing some of your medical condition to a pre-existing condition. This would obviously limit the financial exposure of the trucking company’s insurance carrier. Listen to Episode 30 for additional information.
A Phantom Vehicle Caused the Accident – Not the Truck Driver
This claim occurs from time to time. The truck driver might try to claim another car, that we have no information on, swerved and caused the trucker to have to swerve. That’s when the collision occurred. Interestingly, that phantom car didn’t stop and now won’t be able to be found or accurately described.
Jeff admits this type of story also occurs in regular car wrecks, not involving tractor trailers.
Beware of the Quick Settlement Offer
It’s not uncommon for the negligent driver’s insurance company to make a quick settlement offer. At first, this may sound enticing; especially if you’ve missed work or have to get your vehicle replaced. Unfortunately, it’s also a game insurance companies play after a trucking accident.
In Kentucky, drivers and passengers have automatic coverage up to $10,000 based on this being a no-fault state. This is referred to as no-fault coverage or PIP benefits. So, when the insurance company for the at-fault driver comments that they’d provide $10,000 to cover your medical bills, that was already going to happen, by law. The insurance for the vehicle you’re in, at the time of the collision, has to pay that. However, the other side will try to make it seem as if they’re doing you a favor. Most people don’t understand how no-fault coverage works.
The other issue is that the full extent of your medical treatment may not be known. If you sign the settlement agreement, you won’t be able to come back to them for any additional medical expenses for a future surgery related to the accident.
Jeff also warns listeners about the potential for healthcare liens from your healthcare company. If they paid any of your expenses, and you later receive a settlement or verdict, they have a right to be reimbursed for what they paid you. That quick settlement may actually leave you in the hole.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Trucking Accident Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
