18-Wheeler Insurance Company Deception

Michael Grossman, San Antonio Semi-Trailer Accident Lawyer, Discusses Deceptive Insurance Company Tactics

For the past twenty years, my firm has been investigating and litigating trucking accidents. We have helped hundreds of people seek justice after they have been hurt due to trucking company negligence.

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As can be expected, over the years, I have dealt with every major insurance carrier across the nation. Over the past few years, however, insurance company tactics have begun to evolve into something much more insidious than what they have previously been. Few stories have affected me as much as the story of Jackie R.

Jackie was a woman married to her high school sweetheart Joe. She was a mother of three. One day, Joe stopped while driving to repair a flat tire. While Joe was working on his vehicle, an out of control 18 wheeler crashed into him, killing him instantly.

The trucking company that employed the driver knew of Joe’s death before Jackie did. Within minutes of the accident, they had sent a team of insurance adjusters, defense attorneys, and accident recreation specialists to build a case against Joe, trying to prove that the accident was his fault. But they quickly realized that Joe had done nothing wrong. The driver of the 18 wheeler was at fault for the accident.

The insurance company then changed tactics. As you can imagine, Jackie was completely devastated by the news of Joe’s death. While Jackie was at the morgue, identifying Joe’s body and seeing his body for the first time since the accident, she was approached by an insurance adjuster sent by the trucking company. Naturally, Jackie was furious with the insurance adjuster for approaching her so quickly. Though the adjuster was persistent, Jackie’s brother eventually forced him to leave.

I wish I could say that this is a one-time scenario, but the truth is that insurance companies operate this way all the time. They attempt to take advantage of people in their most vulnerable state, to get them to sign away their rights while they are not thinking clearly, while they are still overwhelmed with what has happened. This is not just a product of the insurance filing process. This is a deliberate tactic employed by these companies to cheat victims out of justice – and it often works.

Jackie did not know what to do. Her brother suggested that she sue the insurance company. However, she refused. Jackie stated that she was not “money-hungry” and just wanted to be fairly compensated so that she could get her life back in order as best she could. She was confident that the insurance company would treat her fairly in this and provide her family with the money they needed to keep going. This is only reasonable.

Over the next two weeks, Jackie received countless phone calls from insurance adjusters, both at her home and her relatives’ homes. She soon agreed to meet with an insurance adjuster. When the adjuster arrived at her home, she had settlement paperwork all ready for Jackie to sign. The insurance adjuster told Jackie that she should not bother suing since she could only receive compensation for Joe’s lost wages. This was a flat out lie, and the insurance adjuster knew it.

Once again, Jackie did not know what to do. She was terrified that she would not be able to support herself and her three children. She wanted to make sure that she received some form of compensation, and she was concerned that, if she did not sign this settlement, there might not be another opportunity. However, she was still hesitant, so she agreed to sign the settlement if an attorney would examine it and advise her. The insurance adjuster readily agreed to this proposition. Within minutes, a lawyer was at Jackie’s front door. The lawyer quickly browsed the settlement and told Jackie that it was an adequate offer, and the best one she was likely to receive. Jackie signed.

What Jackie did not know was that the lawyer was employed by the insurance company. The attorney did not care about Jackie and her family, and would have told her any settlement was a great offer. Note that this activity is grounds for disbarment, but this did not discourage the insurance company.

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Jackie later realized what a mistake she had made, but it was too late to do anything about it. At some point in the future, she contacted my firm. Unfortunately, there was nothing we could do at this point. If she had reached out to an experienced trucking accident attorney sooner, she could have likely received compensation for her funeral expenses, lost potential income, as well as the mental and emotional suffering caused by the loss of her husband. She could have potentially received a settlement in excess of a million dollars, which is the very least she deserved for what she had been through.

Instead, she received a settlement that was worth only a few years of Joe’s income, which shrunk to $600 per month as soon as her children were adults. What did the insurance adjuster receive? In all likelihood, they received a bonus and a promotion.

The bottom line is this: no matter what an insurance adjuster might say, the insurance company cares only for their own profits. If you or someone you love has been hurt in a trucking accident, you need an experienced team of legal professionals to make sure that those responsible for your suffering are brought to justice. Seek help from an experienced trucking attorney as quickly as possible, and make sure that your family receives the compensation it deserves.



Some of Our Most Recent Successful Cases

$187,500.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Our firm was hired by a young woman who was rear-ended by an 18-wheeler when she slowed for traffic in a construction zone. Initially, she attempted to represent herself and the insurance carrier offered roughly $1,000 to settle her case. She then contacted our firm and we filed suit soon after our initial investigation. The case was successfully resolved in litigation.
Total Recovery:
$187,500.00
Attorney Fees:
$61,875.00
Litigation Expenses:
$2,500.00
$200,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Recovery for motorcyclist who suffered a back injury in an 18-wheeler accident.
Total Recovery:
$200,000.00
Attorney Fees:
$80,000.00
Litigation Expenses:
$5,709.00
$19,000.00 Recovery - Commercial Vehicle Accident (Pulled Muscle)
Recovery for client who sustained a pulled muscle in an 18-wheeler accident.
Total Recovery:
$19,000.00
Attorney Fees:
$6,270.00
Litigation Expenses:
$100.00
$40,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries)
Recovered for client who suffered soft-tissue damage which required physical therapy after being rear ended by a commercial vehicle.
Total Recovery:
$40,000.00
Attorney Fees:
$13,333.00
Litigation Expenses:
$50.00
$60,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries & Chiropractic Treatment)
Recovered for client who was rear-ended by an 18-wheeler resulting in soft tissue injuries and chiropractic treatment.
Total Recovery:
$60,000.00
Attorney Fees:
$20,000.00
Litigation Expenses:
$1,050.00
$300,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
A delivery driver hired our firm to pursue a negligent trucking company following a collision with insecure cargo. Our client was driving his work vehicle when numerous large metal pipes fell from the back of a flatbed trailer onto the roadway. Our client took evasive action but was unable to avoid the debris, which resulted in a fairly severe accident. As a result, our client sustained lower back injuries including two herniated discs which required surgery to correct. The defendants conceded liability early on but would not make a reasonable settlement offer. As such, suit was filed and the case was ultimately successfully resolved through litigation.
Total Recovery:
$300,000.00
Attorney Fees:
$120,000.00
Litigation Expenses:
$1,500.00
$100,000.00 Recovery - Motorcycle Accident (Broken Femur)
(policy limits) Recovery for victim who sustained a broken femur in a motorcycle accident.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$0.00
$41,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries)
Recovered for client suffered soft-tissue injuries when her car was side-swiped by a dump truck.
Total Recovery:
$41,000.00
Attorney Fees:
$13,666.00
Litigation Expenses:
$50.00
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$2,000,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
The family of a deceased woman hired our firm following a fatal 18-wheeler accident. The fatal accident occurred as the driver of an 18-wheeler lost control of his vehicle and veered out of his lane, resulting in a massive collision. The decedent, a passenger in a vehicle, died on the scene.

Her adult children consulted our firm to initially investigate the accident and make sense of the facts and circumstances since the family felt that the police report did not make it clear enough precisely what occurred. We launched a full investigation an immediately deposed the investigating officers.

Upon the completion of our investigation, it was apparent that the trucking company was indeed negligent and a lawsuit was soon filed. The defendant's launched an aggressive defense whereby they initially claimed that the truck driver was overcome by his passenger who allegedly grabbed the steering wheel and deliberately drove the truck off the road, despite the truck driver's best efforts.

We refuted this claim by illustrating that the tire marks that were present clearly show the truck gradually moving across the road and eventually onto the grass, which is entirely inconsistent with an abrupt lane change caused by someone taking control of the wheel. It was quite an unusual defense strategy that we were frankly surprised to even find ourselves having to refute.

The defendants then argued that a tire blowout may have contributed to the accident, which is significant because it would enable the defendant to offset some portion of their liability to a tire manufacturer or installer. Through deposition testimony of the investigating officer we established that there was absolutely no indication at the scene of the accident that a tire had blown out.

Finally, the defendants argued that the company which loaded the trailer may have improperly loaded the cargo. This argument was most plausible considering that the precise cause of the decedent's death was that she was essentially pummeled by cargo that broke through trailer and struck her person.

Our firm consulted several experts in the fields of heavy cargo transportation and physics. Our experts felt that the cargo was secured in a manner that is perfectly consistent with industry standards and that due to the forces involved, the cargo would not have behaved any differently irrespective of how it was secured. In short, the collision caused the cargo to break free and the negligence lay squarely on the trucking company and not any other entity. The case was successfully resolved through litigation.
Total Recovery:
$2,000,000.00
Attorney Fees:
$775,000.00
Litigation Expenses:
$25,000.00