After a serious truck accident in Fort Worth, you may expect the trucking company and its insurer to take responsibility. Instead, you may encounter arguments designed to reduce or deny your claim. Understanding these common defenses can help you protect your rights and recognize when the evidence does not support the insurer’s position.
Common defenses in truck accident claims
Trucking companies and insurance carriers often have experienced legal teams and adjusters working to limit their financial exposure. Some of the most common arguments include:
You caused or contributed to the crash
Texas follows a modified comparative negligence rule. An insurer may argue that your actions contributed to the accident, such as by speeding, changing lanes improperly or following too closely. If the evidence shows that you share some responsibility, the insurer may try to reduce the amount of compensation you can recover.
The truck driver was not at fault
The trucking company or insurer may argue that another driver, road conditions or an unexpected event caused the collision. They may rely on accident reports, witness statements, photographs or other evidence to support this position.
Your injuries were not caused by the crash
An insurer may question whether the accident caused your injuries, particularly if you had a prior medical condition or waited to seek treatment. The carrier may argue that your symptoms existed before the collision or that the accident did not cause the severity of your injuries.
Your damages are not as extensive as claimed
Insurance companies may challenge medical bills, lost wages, future treatment costs or other damages. They may argue that certain expenses were unnecessary or that you can return to work sooner than you claim.
Evidence can make a difference
Truck accident claims often involve evidence that can disappear or become harder to obtain with time. Depending on the circumstances, important evidence may include:
- Driver logs and hours-of-service records
- Electronic data from the truck
- Vehicle inspection and maintenance records
- Dashcam or surveillance footage
- Accident reports and witness statements
- Driver qualification and employment records
A prompt investigation can help preserve evidence and establish what happened before, during and after the collision.
Protect your rights after a DFW truck accident
If a trucking company or insurer disputes your claim, do not assume its version of events is accurate. Avoid giving statements or signing documents that could affect your claim without understanding their potential impact.
A Fort Worth truck accident attorney can investigate the collision, identify the defenses being raised and gather evidence to challenge them. If you suffered serious injuries, understanding how the trucking company and its insurer may approach your claim can help you make informed decisions about your next steps.