Flatbed Trailer Accidents and the Policies of Big Insurance Companies

When you possess something that is valuable, you will tend to do whatever you can to protect it, as compared to what you would do to protect things that might not be worth as much. For instance, many of us have insurance on our house, but we wouldn’t insure, say, that 20-year-old lawnmower in the garage. The insurance business works under a similar philosophy. A typical car insurance policy is akin to the old lawnmower, while a flatbed trailer policy is more like a house. As such, insurance providers will often go to extremes in order to protect a flatbed trailer policy because it can be several times more expensive than the typical automobile policy. If you have suffered an injury due to an accident involving a flatbed trailer, the insurance carrier is well aware that you may be due a substantially higher amount of compensation than you would get if you had been injured in a typical car accident. Therefore, the insurance provider will do whatever it can in order to either pressure you into accepting much less than you have coming in terms of a settlement or deny your claim flat-out.

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Commercial trucking policies exist on a completely different scale than the coverage most drivers carry. Federal rules require many interstate trucking operations to carry liability coverage of $750,000 or more, and policies for certain cargo run into the millions. That is the number the insurance company is protecting, and it explains why the response to a serious flatbed trailer crash looks nothing like the handling of an ordinary fender-bender. The more money is at stake, the harder the carrier fights, and the more important it becomes to have someone fighting just as hard on your side.

Why Insurers Fight Flatbed Trailer Claims So Aggressively

Because flatbed trailer policies are so expensive, insurers will dispatch their best adjusters to defend the claim. They will also send a team of expert defense lawyers who are intimately familiar with each and every technicality involving insurance law. This defense team will immediately investigate an accident scene in order to start collecting evidence they will use to attempt to prove the accident was your responsibility. Their adjusters will descend upon you immediately after the accident as well. These aren’t the friendly agents you may encounter after a regular fender-bender. They are, instead, licensed pros who are the very best their profession has to offer. They got to where they are by proving to be very adept at denying claims on a regular basis. These adjusters will make it their mission to make sure your claim is denied as well.

The Tactics Adjusters Use

It can be very, very troubling to deal with an insurance company by yourself. The adjuster will constantly badger you in an attempt to get you to admit that the responsibility for the accident lies with you alone. Either that or they will try to trick you into admitting that you’re not really as hurt as you’re letting on. When they have a conversation with you, they will record your words and twist those words to suit their purposes, damaging your case and having your claim denied. Common moves to watch for include:

• Calling within hours of the crash to request a recorded statement before you have spoken to a lawyer.
• Asking you to sign a broad medical authorization that opens your entire history to scrutiny.
• Pushing a fast, low settlement before the full scope of your injuries is known.
• Blaming gaps in treatment, prior conditions, or your own driving for injuries the truck caused.

Preserving Evidence After a Flatbed Trailer Crash

The defense team starts gathering evidence immediately, and so should you. In a flatbed trailer case, the proof that decides fault can disappear within days. Electronic control module data, the driver’s hours-of-service logs, cargo securement and loading records, maintenance files, and dash or surveillance video can all vanish or be overwritten if no one acts to protect them. An experienced truck accident attorney can send preservation letters that legally require the trucking company and its insurer to keep this material, then move quickly to document the scene, measure skid marks, photograph the vehicles and cargo, and secure witness accounts before memories fade.

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Who May Be Liable

Flatbed trailer crashes rarely come down to a single responsible party. Depending on the facts, liability may extend to the truck driver, the trucking company that employs the driver, the business that loaded or secured the cargo, a broker or shipper, and even the manufacturer of a defective part. Improperly secured or overloaded cargo is a frequent cause of flatbed crashes, and identifying every responsible entity often means the difference between a settlement limited to one policy and a recovery that reflects the full harm you suffered. Sorting this out requires an investigation that the average injured person simply cannot run alone.

Compensation You May Recover

A full claim should account for far more than an initial hospital bill. Depending on the circumstances, you may be entitled to recover past and future medical expenses, lost wages and diminished earning capacity, property damage, and compensation for pain, suffering, and loss of enjoyment of life. When a flatbed trailer crash takes a life, surviving family members may pursue a wrongful death claim for losses such as lost future earnings, funeral expenses, and the loss of a loved one’s companionship and support. Where a trucking company or driver acted with extreme disregard for safety, Texas law may allow additional damages intended to punish and deter that conduct.

How Our Texas Truck Accident Attorneys Level the Field

The flatbed trailer accident attorneys with our Law Office know how to deal with insurance company representatives, and have been doing so successfully over the last two decades. We understand the technicalities the defense relies on, we build cases on hard evidence rather than guesswork, and we are prepared to take a claim to trial when a carrier refuses to offer what is fair. Insurance companies pay attention to a firm’s track record, and that reputation can be used to pressure them into a reasonable settlement rather than risk a verdict.

Contact Us

If you or a family member has been injured in a flatbed trailer or 18-wheeler accident in Texas, do not try to face the insurance company’s adjusters and defense lawyers on your own. Call our Law Office for a free consultation. We will listen to the details of your case, explain the compensation you may be entitled to, and put our experience to work protecting your rights every step of the way.