Amarillo 18-Wheeler Accident Attorney

Do You Understand Liability Issues When You are Hurt in a Trucking Accident? Amarillo 18 Wheeler Accident Lawyer Michael Grossman Answers

One thing is certain about Texas. We have a lot of highways and a lot of big rig trucks driving on them. When an 18 wheeler hits someone, the collision can cause serious injuries or even death. What happens if a tractor-trailer hits your vehicle and injures you, or strikes a family member's car and kills them? The one thing you dare not do is take your time to decide how to respond to this tragedy because those who are responsible for hitting you are likely already starting to defend themselves.

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Thousands of 18-wheelers pass through Amarillo as either a destination, or a way station, as they haul all types of goods to all parts of the country. Accidents, injuries and even deaths are a near statistical inevitability when these commercial trucks traverse the Panhandle.

If you have been injured in an 18-wheeler accident or have suffered the loss of a loved one due to a fatal semi-truck wreck, Amarillo 18 wheeler accident attorney Michael Grossman, of Grossman Law Offices, can help you. For over 20 years, we have successfully negotiated compensation for our injured clients and litigated hundreds of trucking accidents cases successfully on their behalf. We know you suffer pain through no fault of your own as a result of this negligent accident and may be carrying a large financial burden as a result. Unfortunately, once you have recovered from your injury, your troubles might just be beginning. Your legal fight to seek fair compensation for your injuries can be just as trying as the injuries and pain caused to you by the accident itself. Trying to get a fair settlement, or litigating to secure a fair injury award, simply compounds the stress in your life. We feel it is important to let you know about all the legal avenues available to you so that you can take the right action to seek just and fair restitution.

Who is to Blame for Your Damages and Pain from an 18-Wheeler Accident in Amarillo?

When filing a claim involving an 18-wheeler accident, any one, or a number of different parties can be responsible and held liable for your accident:

• The truck driver.
• The company he or she works for.
• The company that loaded the trailer.
• The person who planned the truck's route.
• A manufacturer of a truck part.

That last bullet point comes into play rather often. Trucks are made up of many parts. All must operate as they should in order for the truck to safely operate on the road. Design defects or manufacturing flaws in parts used by a truck may be the fault of the manufacturer, in which case a product liability claim or case might be brought against the manufacturer. For example, if a truck has faulty brakes that are a result of a manufacturing defect which causes the truck to slam into your car, or if a strap holding cargo in place has a design flaw which allows cargo to come loose and topple over on your pickup truck as you drive side-by-side on the interstate, a manufacturer may be held responsible for your injuries or other damages.

Plus, in the past few years, the state has outsourced much of its road maintenance and highway construction to private companies. If that company's construction zone creates conditions that cause an 18-wheeler to hit you, they may also be a liable party to the accident. All private companies retained by the state to build and maintain Texas roads must provide either direct liability insurance coverage or provide a liability bond to the state.

If you have been hurt in an Amarillo trucking accident, determining everyone who is responsible for the wreck is the first thing that must be done. In many 18-wheeler accidents, multiple parties may be liable for damages; consequently, there can be more than one defendant in a Texas commercial trucking personal injury lawsuit. A legal concept in Texas law called "respondeat superior" states that employers of those found to be liable for the wreck are ultimately responsible for the actions or inaction of their employees that leads to injury or loss of life.

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In order to win your claim against a number of likely defendants, you will need an experienced Amarillo 18 wheeler accident lawyer on your side that also has the ability to investigate the scene of an accident and determine who is (and isn't) liable so you know the right defendant to sue. This investigation is over-and-above the normal local or state law enforcement investigations. Although most of the time those investigations do reveal the primary responsible parties, they often stop-short of the type of examinations that are conducted by experienced truck accident lawyers and their investigators. These "drill-down" investigations reveal every liable party and the degree of the responsibility each party played in the accident. Occasionally, our investigations bring other facts of the case to light that law officials may have missed. We pass this information along to them for further action if they feel it is warranted.

Injured 18 wheeler accident victims, as the plaintiff in the case, must determine whether the negligent truck driver caused the wreck, or if a mechanical malfunction might be responsible, or if someone else played an important part. Many different contributing factors can abruptly lead an 18 wheeler into your life. The company that owned the cargo may have failed to properly load it or didn't properly secure the cargo. This made it shift or break free during transport and toppled the trailer onto your vehicle. Or the transport company's route planner was negligent in sending the truck into an area not zoned for 18-wheelers. Or many other negligent acts may have caused this wreck. Rare is the time when we see an open-and-shut 18 wheeler injury accident case. This is why it is in your best interests to harness the expertise of an Amarillo 18 wheeler accident lawyer who will make sure that all the liable parties for your injuries from that truck accident are held responsible for your injuries, pain and suffering, lost wages as well as the damage to (or replacement of) your vehicle and its contents.

Is Self Representation an Option?

Some people think they know enough about just about everything to handle things themselves. And personal injury claimants are no exception. But the fact of the matter is a non-attorney has a very hard time successfully representing him or herself in court, effectively negotiating a fair settlement with insurance companies. Litigation in trucking accidents injuries is extremely complex. Inexperienced attorneys rarely recover reasonable compensation for their accident victims. And non-lawyers have no real hope. Would you design and build your own house on a vacant lot you purchased without experienced help? Of course not. To successfully tackle a personal injury case involving an 18-wheeler accident, why would you even entertain such a foolish idea of not having the most experienced 18 wheeler accident lawyer on your side, especially when tens, even hundreds of thousands of dollars are at-stake?

You also might want to not listen to offer of a relative lawyer or attorney friend to represent you, even if the offer is being made with the best of intentions. They might be inspired to fight hard for your injury compensation rights after 18-wheeler has run into you. But you'll soon discover that personal relation might find it very hard to emotionally detach him or herself from issues surrounding your case. A specialized truck accident lawyer must be pragmatic, and focus solely on the facts if you are to be successful. What happens if that friend or relative attorney doesn't win the case, or accepts a less-than-fair settlement because he knows how badly you need the money? And how will all of you feel once you discover this? Keep your family members and friends out of your legal business. You will be very wise to remember this when deciding who will represent your 18 wheeler accident injury lawsuit.

Insurance Companies are in Business to Make Money

The federal government requires trucking companies to purchase sizable insurance policies to protect against the inevitable accidents that occur. Many people hold the misconception that the trucking insurance compensation process is quick and relative free of surprises just because the companies have insurance. Guess again. All insurance companies are in the business of taking-in as much in premiums as possible, and paying out as little as absolutely necessary in claims. Since insurance policies for 18-wheelers involve huge sums of money, much greater than your personal car insurance, the insurance company's main focus is to keep from paying you fairly, in order to maintain its high profits. Insurance companies fear rising settlement expenses. So it comes as no surprise that insurance companies will deny every claim possible, whenever possible and for as long as possible. Without the right attorney on your side, pulling hens' teeth is easier than collecting a fair settlement from an insurance company.

While the Texas Civil Practices and Remedies Codes provide the right for someone who has been injured in a trucking accident, or the family of someone who has been killed, to seek compensation for the harm done, the law doesn't say compensation is automatically granted whenever a victim claims an injury. This is the dirty little secret that insurance companies don't want you to know, until you find out the hard way by having to deal with an out-of-hand claim denial by an insurer.

You, as plaintiff, must first prove the liability of the party responsible for the accident and the injuries that were inflicted as a result of that accident. Furthermore, in any liability case, the plaintiff holds the burden of proof to clearly demonstrate that the compensation requested fairly reflects the loss produced by those the damages. The insurance company, and the lawyers who represent them, does everything possible in order to deny the plaintiffs claim, or argue that the level of restitution you seek is excessive and unreasonable. The best way for a victim in an 18-wheeler accident to ensure full compensation is to find assistance from an experienced Austin truck accident law firm with attorneys who know how to clearly prove the defendant's undeniable liability, and then win equitable damages.

The Insurance Company Is Armed with Back-Shooting Adjusters and Legal Gunfighters

The more valuable an insurance policy (and policyholder) the more insurance companies are willing to do whatever it takes to protect such valuable business assets. And when it comes to policy value, coverage for an 18 wheeler is at least 50 times more than it is for the most expensive auto. Multiply your car insurance premiums by 50 and that's how much harder their insurance company would fight to defend their trucking policyholders. The soldiers in their war against you are insurance company adjusters and insurance specialist-lawyers.

An insurance adjuster's goal is to not help you but rather, help deny payment to accident victims. Adjusters that work on truck accident cases are not the same "good hands people" from your friendly car insurance company who puts you first. And only the best adjusters hand your 18 wheeler case. They're the all stars. And they got to where they are on the backs of unfortunate accident victims like you.

These adjusters are clever. Often, they try and get you to say something so they can record it and later twist your words into some sort of left-field admission of liability in order to destroy your claim. Some unscrupulous adjusters even convince uninformed personal injury victims to sign away the legal right to sue in exchange for a small settlement that does not come close compensating the victim's injuries. So a good rule of thumb is to not talk to any insurance adjuster who doesn't contact you through your attorney. You know the old Texas saying. "You can't get hung by words you never speak." End of story!

Then, to represent them, insurance companies have teams of specialized insurance defense lawyers to avoid paying claims made against truck insurance policies. Whether they're on permanent retainer or on staff, these lawyers begin to building cases against accident victims like you seemingly before the last ambulance has left the scene. And the longer you wait to file your claim, the more behind you already are. They've already devised the strategy, have completed their investigations, conferred with the insurance company and know everything the adjuster knows about you. And because they specialize in this very involved insurance law, these defense attorneys know dozens of ways to trip you up and have your case dismissed even before trial. Your claim may be completely legitimate. But if you fly solo, or have an inexperienced attorney on your side, eventually they'll win before the fight begins on some technicality. The only way to protect your case from these experienced insurance companies, their adjusters and lawyers is with your own veteran tactics is to have a legal expert on your side.

18 Wheeler Truckers: Looking Out for Number One, Not You, or the Truth

What would you do if someone threatened your line of work, your ability to earn a living and take care of your family" In this day of high unemployment, you would probably do anything to assure that you keep getting paid, and that your family still eats.

Truck drivers are no different. When they've been involved in an 18 wheeler accident and know they are in danger of losing their job if they're held liable for the wreck, they're not beyond lying, cheating (or stealing evidence) in order to save their job. Most trucking companies wouldn't trust one of their expensive rigs to a driver who causes wrecks. The trucker knows he'll probably lose his job if he's found responsible for your accident and injuries. And it will be hard for him to find another driving gig. So when he hits you, he's looking for a fall guy. And you're it.

A client once hired us after suffering an injury in an 18-wheeler accident in which the driver of the truck claimed that our client was driving with his lights off at night when the accident occurred. Our investigators discovered a security camera outside a storefront that was pointed directly at the accident scene. The footage clearly showed that our client's headlights were shining brightly, and proved that the truck driver boldly lied.

Our investigative methods get to the bottom of 18 wheeler accidents and the lies the drivers sometimes tell. We use the evidence we gather, sworn statements of credible witnesses, video surveillance footage, and forensic test results that prove when a trucker isn't telling the truth. Sometimes your lawyer will catch a trucker in a lie during a deposition and press him until he gives up the truth. Over the last twenty years, the Amarillo 18 wheeler accident attorneys at Grossman Law Office have taken countless depositions and developed sly questioning techniques that can get all witnesses to admit the truth. And the truth is your best weapon in winning a settlement before a case goes to trial.

Self-Insured Truck Drivers Who Cause Accidents Present Different Problems

Since Texas law doesn't require truckers to have liability insurance (past what they carry on their truck to remain "street legal") some trucking companies protect against personal injuries from accidents by self-insuring themselves. This usually involves the transport company reserving a percentage of their assets to pay accident claims, rather than purchasing coverage from a traditional insurer. And though the federal government monitors the insurance industry, licenses adjusters and holds insurance companies to ethical standards as best it can, no such regulations govern companies that insure themselves.

And even though you won't need to deal with insurance adjusters, winning compensation from these "self-insured" companies can be far more difficult and as chaotic. You will be dealing with an officer of the company, instead of an insurance adjuster. This company officer's salary comes from company profits. Any amount paid to you for an injury comes directly out of the company coffers. So if the company's officer compensates you for an injury, the amount is paid out of the company coffers, which means the company officer is literally taking money out of their own pocket.

So it is not unusual for a self-insured company officer resorting to any means to deny your claim and protect company's asset. Officers of self-insured companies have been known to willfully dispose of damning evidence, bribe witnesses, and even intimidate victims. This explains why every time our attorneys are hired against a self-insured company, the first action we take is to prevent anyone from the defendant company from behaving inappropriately toward our clients. And we step in so they will not attempt to communicate with our clients in any way unless we are present.

You Need More Than Legal Knowledge: You Need Experience on Your Side

Only after trying hundreds of cases can a lawyer develop the right tactics for success at trial or to successfully negotiate with trucking insurance adjusters. Many inexperienced attorneys, much less non-attorneys as a whole, don't know the proper way to answer interrogatories, prepare demand packages, and conduct effective depositions. Nor do they know how to conduct effective accident investigations or respond to lists of admissions. You need an Amarillo 18 wheeler accident attorney who does know how to do all of this and look out for your best interests.

Insurance companies will only agree to a just settlement for the injuries you suffered in an 18 wheeler accident if you are represented by an attorney with a history of courtroom success. Insurance companies and their lawyers are eager to take on non-lawyers. But they fear us. When we file a claim, then back it up with evidence from our investigations, the insurance companies often see reason and settle for a fair amount. They want to avoid a trial, especially if they already know that you and us together have a very solid case. This means that our clients can often get back to living their lives again quickly because they've won a fair settlement.

What Should You Do Now?

There is an old saying that there are two things we can never take back: time that is wasted and words that are spoken. This is a very good way to approach your injury case.

Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer.

Next, time's wasting. Steps need to be taken to preserve the evidence from your accident now. And that means that we need to act quickly and begin investigating the accident scene. Every moment you wait to find experienced legal representation, evidence is beginning to spoil, witnesses' memories fade, or their stories' "mysteriously" change. The accident scene also changes, and evidence to prove your case also might begin to "mysteriously" disappear. As soon as we are hired, Grossman Law Office begins our thorough investigation of the accident scene in order to uncover evidence proving the liability of the truck driver and/or the trucking company. We inspect all the vehicles involved, measure the distance from skid marks to the point of impact, hunt for photographic and video evidence and assemble all the evidence we find to clearly prove your case. We take every measure to uncover any evidence that might help prove your claim beyond a shadow of a doubt.

For example, we were once hired by the families of two men who were involved in a terrible accident with a tractor trailer rig. The collision killed one of the men at the scene. The other was left fighting for his life for quite awhile. The truck driver left his trailer stretching across a road in the dark of night, preventing anyone from passing. Only the taillights of the trailer by the curb were visible to oncoming drivers, and our clients rounded a curve and unknowingly smashed into the trailer.

The force of the collision ripped off the roof of the vehicle, killing the driver immediately and critically injuring the passenger. We were hired the next day and began our investigation at the scene. Our client's car had been towed to a salvage yard. After examining the vehicle, we noted its missing headlights. Our investigators spotted a security camera asked to take a look at the video. It showed an official of the trucking company illegally removing the headlights. When the company tried to claim our client had been driving a car without headlights, we produced the video and caught them dead to rights. You can guess how this case ended up. And you get a better idea of what we mean when we say that evidence can sometimes "mysteriously disappear."

If the love ones of these two men had waited any longer to hire us, this crucial evidence would have been gone forever because the salvage yard's surveillance system re-records over old videotape every two days. And we can't think of a stronger reason why you must to find an Amarillo 18 wheeler accident lawyer now, so the investigation can begin while the case is fresh. Lies and missing evidence will cripple your legal right to fair compensation for an 18-wheeler accident from the moment it happens, if you allow it to happen by doing nothing.

We Can Help You Recover Your life After an 18-Wheeler Accident

Do you have a legal question?
Enter your phone number below and let's talk.
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The Amarillo truck accident law firm of Grossman Law Office has over 20 years experience handling personal injury litigation in 18-wheeler accident cases. If you or a loved one has been in a trucking accident, we will use our expertise to make sure you receive fair compensation for the injuries and pain you have suffered. We've helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been involved in a trucking accident in Amarillo or elsewhere in the Panhandle you must find an experienced legal partner to get the best compensation available to you. Call us today at 1-855-239-1289 (toll free), or fill out the form at the top of this page for a free consultation to find out the legal avenues available to you and keep you from becoming a victim.

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