In Tennessee, truck accidents occur each and every day. Often, the truck driver escapes with minor injuries while the occupants of a vehicle face severe injuries that could impact their entire life. As a Davidson County truck accident lawyer might tell you, a large number of these collisions are the result of negligence. When this is true, it may be possible to recover compensation the losses sustained in the accident; however, doing so might be easier said than done.
Understanding Insurance Companies
If you or a loved one has been injured in a truck accident, and you believe negligence is a factor, please call The Higgins Firm. Damages may be available, but even so, it is likely for the insurance company to dispute what happened. Regardless of how much they may “empathize” with what happened, they are not on your side. We know of many cases that involve victims with losses totalling six figures, and because of such a high amount, the insurance company tries to pin fault on them. Insurance companies have a large amount of resources at their disposal; thus, they will likely try to do whatever they can to pay you as little as possible. If this is not something you are ready for, please call a Davidson County truck accident lawyer from The Higgins Firm.
At The Higgins Firm, we understand the tactics used by adjusters, and will help you with each step of the way to obtain a favorable settlement or verdict.
Defending Liability
One of the most common bases for disputes between an insurance company and the victim to arise is when the adjustor alleges the plaintiff was doing something they should not have been doing; thereby, causing the accident. For example, driving while texting, using social media, eating food, applying makeup, stopping too abruptly, or speeding, could be allegations made by the insurance company as an attempt to blame the victim. The insurance company might then argue the compensation should be reduced in accordance to the victim’s percentage of fault.
The “phantom vehicle defense” is another common defense tactic used by insurance companies. In this case, a vehicle on the roadway contributed to the accident, but never actually came into contact with the plaintiffs’ car. Finally, it is possible to allege that weather or road conditions caused the accident rather than the truck driver.
Product Liability in Truck Accident Cases
A small number of truck accidents are caused by a defective part, and had nothing to do with the driver. If this is found to be true, a Davidson County truck accident lawyer may explore your options for a product liability case. This means damages may be sought against a parts manufacturer, distributor, or repair facility. In a product liability case, it will be up to you or your lawyer to prove the injuries and damages sustained in the accident were a direct and proximate cause of the malfunctioning product.
In the event of the insurance company blaming you for some or all of the truck accident, you will want to have the right truck accident lawyer in Davidson County on your side.
Speaking with a Truck Accident Attorney
If you have been injured in a truck accident, a skilled Davidson County tractor accident lawyer may be able to assist you with your case.
An attorney can assemble a demand package for the insurance company’s adjuster, fight any liability disputes, field settlement offers, and make recommendations about whether or not you should accept a pending settlement offer or risk going to trial.They can also be able to litigate your case and take it to trial, if necessary.
Finally, your Davidson County truck accident lawyer may be able to explore alternative dispute resolution options in your case, such as mediation or arbitration.
Time is of the essence. Immediately after you accident, the insurance company will be investigating your case and building a strategy to defend against compensating you. It is your right to ask a Davidson County truck accident lawyer to help you. Call The Higgins Firm now.
The insurance company has a legal team. You should too.
