Self Insured Commercial Vehicle Firms
Some firms guard against commercial vehicle accidents by setting aside a portion of their assets, rather than subscribe to a standard insurance policy. These firms have developed a reputation for being hard negotiators prone to undesirable behaviors. The federal government regulates the registration of insurance firms, licensing of insurance adjusters, and requires them to respect certain principles. No such ethical bonds restrict these self-insured firms and seeking compensation for them may be an awful experience. By taking on a self-insured firm you won’t be dealing with the insurance adjuster, but rather an agent of the firm whose income is most probably derived from profit sharing. If the agent agrees to compensate the firm, they literally give you money from their own account, so be assured the agent of the firm will use any means he may to deny your lawsuit.
Self-insured firms have been known to tamper with the physical evidence, engage in witness perjury, and even intimidate and threaten victims. If a self-insured firm harasses you, contact us immediately and we may force them to deal with you in good faith.
Getting Compensation and Satisfaction for Your Commercial Vehicle Accident Injuries
You may go to a jury trial or you may agree to a settlement with the insurer or the self-insured commercial vehicle firm. Below we’ll explain a bit more about these two ways to win your case.
In a settlement compromise, the plaintiff and the defendant avoid the need for a jury trial through negotiation and agreement without employing the help of a court. In a typical settlement, the defendant voluntarily agrees to pay the plaintiff a sum of money. In exchange for compensation, the plaintiff agrees not to sue the defendant in the future for more money for any other damages caused by the accident. The acceptance of a settlement offer is fair for the victim of the accident. By asking for and accepting a fair settlement offer, you may usually receive your payment much faster than if this would have gone to court. Also, by accepting a settlement offer you avoid the uncertainty that is always present when you entrust your fortune to juries selected randomly.
To receive a fair settlement offer from a defendant is usually not easy and usually requires the support of a knowledgeable commercial vehicle accident attorney. Defendants know that they have no obligation to pay anything unless you win your claim in a courtroom. For this reason, they are rarely motivated to voluntarily pay unless they are nervous they will lose if they undergo a jury trial. The best way to make a defendant willing to pay is to have solid physical evidence and a commercial vehicle accident attorney with an excellent reputation. The commercial vehicle accident attorneys at our Law Office will make sure that in your claim, you have both. We have been handling these commercial vehicle accident claims for two decades and we have won favorable settlements and judgments against almost all the major insurers in the country. Insurance firms know our reputation and usually prefer settling with our clients to meet one of our commercial vehicle accident attorneys in the courtroom.
Although a fair settlement may benefit victims, bad settlements permanently deprived them of their rights, requiring that you lose your ability to prosecute the accused of what their claim is really worth. The defendants know that accident victims often face large bills and lost income. They hope they get you to accept a small settlement instead of fulfilling their obligations. They will assert that their low-ball offer is all that you are entitled to, or that there will be no better settlement coming whether in a jury trial or through negotiation. They will inform you their offer is all you may expect. Do not believe them. A commercial vehicle accident attorney may inform you how much money your claim is worth and they help you assess whether the defendant’s offer is fair.
You may also take your lawsuit to court. Between the plaintiff and the defendant, the task of the plaintiff is harder in a jury trial. This is due to the fact that the plaintiff has the burden of proof in proceedings. They have to show that the defendant would be liable for the injuries you incurred. With this heavy burden on your shoulders, it’s rarely a good idea to represent yourself in a courtroom. Meeting your burden of proof generally requires a solid legal strategy, convincing physical evidence, and a qualified commercial vehicle accident attorney. You need a solid strategy that shows the 4 parts of commercial vehicle accident claims convincingly. These 4 parts are duty, violation, cause, and damages.
Proving duty is showing that the defendant in the claim has a duty, which means he has a duty not to cause harm. This obligation to protect each other is one of the basic requirements of the law but the degree to which this exists depends largely on the circumstances and relationship between the parties. In most cases, it’s not hard to show that defendants in a commercial vehicle accident had a duty as they are expected to act towards others as a reasonable party would, and that means avoiding causing harm. It’s likely that this “reasonable person” standard applies to the driver in your claim.
The second part of your claim is a violation. You must show that the defendant has violated the obligation or duty. After you have demonstrated both duty and the violation of which have shown that the accused is guilty of negligence. Most commercial vehicle accidents involve this if it’s shown that the driver did not take the necessary precautions to make sure of safety. To establish a violation, you must provide physical evidence of the defendant’s negligence.
After you have proven that the defendant behaved hazardously, you must show causation. We have seen how several parties have a role in a commercial vehicle accident on the highway and how many people may be held liable at the time an accident happens. In many cases, the defendant tries to blame other parties, or even you, saying they are not the reason that the accident happened or that their action did not cause your injuries. If you do not have enough physical evidence to show that the defendants you named in your claim caused the accident as well as your injuries, you won’t win.
After proving the defendant’s responsibility, you must show your damages. The term “damage,” means the money that defendants must pay you, not your actual injury. You may collect damages for injuries such as pain and suffering, medical costs, repair bills, lost wages, lost earning capacity, and other losses you may have incurred. You must show you are entitled to that for which you ask. This requires the calculation of the total amount of your losses and providing physical evidence of your claims. Often the amount of damages in a commercial vehicle accident lawsuit is a controversial subject. Calculation of damages is often not an easy task for those who are not lawyers, and even inexperienced lawyers don’t do this correctly.
If medical treatment is ongoing, this may take some work to estimate the amount of your last medical bills, especially if you do not know the extent of your treatment and how long this will take to recover. In addition, it’s often challenging for non-lawyers to put a price on intangible losses like mental anguish or pain and suffering. Calculation of loss of earning capacity may be another obstacle for beginners. Damages for loss of earning capacity are designed to compensate the claimant for the income they won’t be able to earn in the future due to the inability to resume work after a commercial vehicle accident. Calculation of lost earning capacity is not as simple as taking the latest annual salary, multiplied by their work-life expectancy. You should consider factors such as promotions and raises, which the victim would have received if he had continued working. Our commercial vehicle accident attorneys will take into account all your losses and calculate all the damages correctly. We also know what physical evidence is needed to show these enhanced damages in a courtroom.
Proving all 4 parts of commercial vehicle accident lawsuits is critical, and if you do not provide enough physical evidence for every one of those 4 parts, you lose your claim. This is one reason why it’s so important to have a knowledgeable commercial vehicle accident attorney on your side.
Our Commercial Vehicle Accident Law Firm Can Help You
Did You Know? Our Texas attorneys have won hundreds of 18 wheeler accident cases. Call us today to discuss your case.
Our commercial vehicle accident attorneys have helped hurt Texans in the settlement of claims involving commercial vehicles in Texas for two decades.
If you’ve been in an accident, we can help you seek compensation for your injuries, pain and suffering. We have won millions of dollars in compensation for hundreds of clients. If you or a family member has been involved in a commercial vehicle accident in Texas, contact us for a free consultation and learn how we may help you get back to enjoying life.