18-wheelers are some of the heaviest vehicles we encounter on a daily basis. Their devastating impact can do so much more than just property damage. These types of accidents can involve severe injuries, emotional trauma, and financial hardship. Unlike the everyday fender bender, these collisions involve complex layers of liability and corporate insurance policies. Victims of an 18-wheeler accident can face a variety of challenges on their way to financial compensation and can use the help of a truck accident lawyer. Insurance companies and lengthy legal battles can make a difficult situation even worse. Insurance companies may try to bully you into taking less money, while corporate legal teams work to discredit your claim.
That’s where an experienced Houston truck accident lawyer from the Maida Law Firm comes in! Our team of legal professionals will protect your rights, defend you against predatory legal tactics, and seek the compensation you deserve for your pain and suffering. In this article, we will discuss the insurance liabilities involved in truck accidents.
The Basics of 18-Wheeler Accident Liability
18-wheelers or semi trucks are typically made up of two pieces, the tractor, which houses the driver and engine and the semi trailer. The tractor alone weighs between 10,000 and 25,000 pounds, while a standard trailer can add another 10,000 pounds. Adding in the weight of cargo and you’re looking at the perfect mix for vehicular carnage. When we look at liability in accidents, 18-wheeler accidents are a bit different. Labeling who is responsible for an accident can go beyond just the driver. Loaders, maintenance teams, owners of the vehicle, and the shipping company itself can all be held responsible for negligence.
Insurance coverage for commercial vehicles is mandated by the government and covers much more than your normal accident policy. Due to the inherent danger semis pose, these policies take cargo and rig size into consideration. What does this mean for your semi truck accident case? With more complete coverage comes a greater chance for you to seek the compensation you deserve for injuries and lost wages. However, with more to lose, insurance companies may deploy more aggressive tactics to keep you from getting what you are entitled to.
Who’s Responsible? Unraveling the Web of Liability
With so many moving parts, it may be hard to decide who is responsible for damages, injuries, and loss of life, and where the compensation will come from. It’s easiest to start with the driver. Driver negligence can include a multitude of factors, all leading to improper operation of a motor vehicle. Fatigue, distracted driving, speeding, DUI, aggressive driving, and logbook violations can all be used to prove fault in an accident. Sometimes drivers may carry their own insurance coverage, but these policies usually leave little room for proper compensation.
The Trucking Company/Motor Carrier
The trucking company or motor carrier can also be held responsible for the negligent actions that led to the accident in the first place. This is known as vicarious liability and holds the operating company responsible for improper vehicle management and practices. This means that if a driver acts with negligence, the company that hired and employed them should bear the responsibility for their actions. Direct negligence, on the other hand, takes into account the employment of unqualified drivers, insufficient training, improper supervision, violation of federal regulations like FMCSA, and more. The shipping company will have a primary liability policy to cover them in situations like this. Depending on the type of cargo being carried, shipping businesses’ insurance policies may cover $750,000, $5 million, or more.
The Truck Owner
In some situations, the truck itself may be owned by a third party. If the truck is leased or owned by a separate entity, they may have liability for maintenance or vehicle defects. If the owner of the negligent truck performed improper maintenance or operated the vehicle in a dangerous manner, they may be responsible for compensation. Third-party owners should carry their own commercial vehicle insurance for situations just like this.
The Cargo Loader/Shipper
When cargo is loaded on a trailer, there are federal guidelines that require a certain level of detail to help protect other motorists. If these rules are not followed or are done improperly, the cargo ladders or shippers may be held responsible for an accident. General liability or cargo insurance will be used to cover these costs and can help you pay for injuries and other bills.
The Truck or Parts Manufacturer
What happens if a part of the truck itself caused the accident to happen? If a defect in the truck’s design or manufacturing caused an accident, the vehicle’s truck or parts manufacturer can be held responsible. This can include parts like brakes, tires, headlights, and more. This type of case would be taken against product liability insurance.
Maintenance/Repair Company
Lastly, we’ll focus on improper maintenance and repairs. 18-wheelers require routine maintenance to operate properly. If these operations are not done properly, the maintenance or repair company may be liable for damages. When insurance is concerned, their own professional liability or general liability insurance should cover the bill.
Why You Need A Houston Truck Accident Lawyer
Insurance companies may pretend to be on your side, but things change when checks need to be signed. That’s why you will need an experienced and certified truck accident lawyer. Commercial truck insurance companies actively try to minimize payouts. Their legal teams use aggressive tactics to bully or intimidate you into taking less money. They will offer you quick settlements with lowball offers. Next, they will delay. By prolonging the experience, they hope your frustration will make you take a lesser deal. Then comes shifting the blame onto the victims or other parties. This tactic can make the case difficult and may make you feel overwhelmed.
From here, they will gather information that paints their case in a better light and may cast doubt on your injury claim. Insurance companies will use recorded statements against victims in an attempt to lessen or even negate proper payouts. They may even question the severity of your injuries. By challenging your medical diagnoses and the necessity of treatment they hope to cripple your personal injury case.
Why Having A Proper Semi Truck Attorney Matters
Without proper legal representation, these tactics create a definitive power imbalance, leaving victims with few options. The Maida Law Firm can help turn the power back into your hands. Our proven team can defend you from these sleazy tactics and protect you against stressful situations while you recover. We’ll handle the insurance adjusters and fight to get you the compensation you deserve. Your truck accident lawyer will narrow down who is eligible as a liable party and select the right insurance policies to move forward with. Our team will also gather pertinent data that supports your claim, like maintenance records, logbooks, police reports, witness statements, and expert testimony. We can also provide you with an accurate evaluation of damage, ensuring you get the compensation you need for medical bills, lost wages, pain and suffering, and more. With real-world experience, the Maida Law Firm can skillfully negotiate with insurers and take your case to court if necessary.
Simplify Your 18-Wheeler Accident Case
Don’t let a complex legal battle after a truck accident turn your world upside down. Allow one of our truck accident lawyers to help you seek the compensation you need. With our specialized set of skills, we can limit the effort you need to put forth to receive just financial recompense. Visit our website today to receive a FREE case evaluation and start your semi-truck accident case on the right foot.