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Houston 18 Wheeler Injury Attorney identifies the TOP 5 TRICKS trucking companies resort to when they are sued.
When an 18 wheeler or large commercial truck causes an accident and hurts someone, the last thing the trucking company, its insurance company or its lawyer wants to do is pay any money to the injured person or their family. So, immediately after a serious crash, the company and its lawyers get to work to protect the company through a series of tricks.
Trick #1 - The trucking company's insurance adjuster contacts the injured person or family, and asks for a "recorded statement." This is done under the guise of trying to "help" the injured party - "we just need to do this so we can cut you a check and settle your case for you." Beware. This is a trick. The company actually has no interest in what you have to say, unless it helps their position. All they are trying to do is help themselves by tricking you in to saying something that will harm your case. They try to get to you as early as possible, at a time when you probably have not had any opportunity to hire your own lawyer. They know that you are most vulnerable at this time, and they know they will be able to get a recorded statement from you. They are experts at getting these statements, and at tricking you in to saying things that will hurt your case. Then, in the middle of your lawsuit (because the insurance company will never offer you a fair amount on your case if a lawsuit is not on file), the trucking company lawyers throw your recorded statement right in your face. Chances are, the recorded statement you gave early after the crash while you were hurting and probably on a lot of pain medication, will hurt your case. So, don't do it.
Trick #2 - The insurance company will offer you a very low amount to settle your case (if they even offer you anything). This is another very common trick. They know you are vulnerable, and hurting for cash. You are probably missing a lot of work, and very worried about your short term situation. Don't take the money. Insurance companies never offer to pay fair amounts on a case if there is no lawsuit on file. Never. They are trying to take advantage of your vulnerable situation. Their plan is to hope you take the low ball offer, and if you do not, their team of lawyers is ready to battle you in court.
Trick #3 - Destroy or alter evidence. Yes, we have seen this in many cases. Shortly after the crash, the trucking company destroys or alters the driver's logs that show its driver was driving while fatigued. Or they destroy the driver's qualification file which shows he or she was not qualified to be driving the 18 wheeler. Or they destroy the post-crash alcohol or drug test that shows their driver was under the influence of alcohol or drugs. This is a very, very risky practice. For example, this happened in one of our cases in which the trucking company forgot that its driver gave one copy of his driver's logs to the investigating DPS Trooper. After the horrific crash which caused a death and multiple injuries, the trucking company altered all of the truck driver's logs (the logs showed the truck driver violated many regulations, and they tried to "fix" them so they would not show the violations). We were able to demonstrate the alteration of evidence by comparing the "fixed" logs to the real logs given to the Trooper.
Trick #4 - Tell the truck driver not to go get the required drug and alcohol test. After many crashes, depending on the circumstances, truck drivers are supposed to get drug and alcohol tested. After a crash, if the trucking company or its insurance company suspects the driver was impaired, they will prevent this from happening. They know this is a violation of the trucking regulations, but they would rather deal with a violated regulation than with a positive drug or alcohol test.
Trick #5 - Delay, delay, delay. The trucking companies and their lawyers know that justice delayed is justice denied. They will try every litigation trick in the book to push the trial of your case further and further down the road. They will say they need more time to obtain information in the lawsuit. They will say their lawyer is on vacation. They will say the expert witness they hired is not available. Hopefully you have a lawyer who knows how to battle the trucking companies and knows how to push your case for a fair trial setting.
These are only five of many tricks the trucking companies use when they are sued.
If you have any questions about trucking company tactics in 18 wheeler cases, please contact us and our Houston 18 Wheeler Accident Attorneys will help you.