After a serious Kentucky truck accident, injury victims often face relentless resistance from trucking companies and their insurers when seeking fair compensation. These companies employ strategic tactics to minimize their financial responsibility. At Skeeters, Bennett, Wilson & Humphrey, our personal injury lawyers understand these strategies and know how to counter them effectively. Here are five common methods trucking companies use to avoid paying fair compensation to truck accident victims in Kentucky.
They Quickly Dispatch Investigation Teams to the Scene
Within hours of a serious truck accident, trucking companies often send rapid response teams to gather evidence that supports their version of events. These teams may include investigators, safety directors, and sometimes even attorneys.
While you're receiving medical treatment and focusing on your health, these professionals are working to build a case that minimizes the company's liability. They photograph the scene, interview witnesses, download electronic data from the truck, and collect other evidence that might help them avoid responsibility.
For example, a rapid response team might take selective photos that highlight road conditions rather than vehicle damage. They might also obtain statements from witnesses before you have legal representation to conduct independent interviews. This immediate evidence collection gives trucking companies a significant advantage in the claims process.
They Try to Place Blame on Third Parties
Trucking companies frequently attempt to shift blame to other parties involved in the accident or connected to the transportation process. When multiple vehicles are involved in a truck accident, the trucking company may claim that another driver caused the crash. They might argue that someone cut off the truck driver, forcing an emergency maneuver that led to the collision.
If mechanical failure contributed to the accident, trucking companies often try to deflect liability to third-party maintenance providers. They might claim that the maintenance company failed to properly inspect or repair the vehicle.
When cargo shifts or falls from a truck, causing an accident, the trucking company may blame the loading company or shipper. They'll argue that improper loading, and not their driver's handling of the vehicle, caused the accident.
They Challenge the Severity of Your Injuries
Another common tactic is questioning the seriousness of your injuries or suggesting they existed before the accident.
Trucking companies and their insurers may request recorded statements or extensive medical records dating back years before the accident. They search for pre-existing conditions or prior injuries to the same body parts affected in the truck accident. Then they argue that your current pain stems from these previous issues, not from the recent truck accident, even if the previous issue had been resolved for years prior to the accident.
They might also use surveillance tactics to document your physical activities. If you're seen performing tasks that seem inconsistent with your claimed injuries, even if you're pushing through pain, they'll use this evidence to suggest you're exaggerating your condition.
They Make Quick Settlement Offers
Shortly after a truck accident, you might receive an insurance settlement offer that seems generous at first glance. This is a calculated strategy to resolve the claim before you fully understand your legal rights or the true extent of your injuries.
Early settlement offers typically come before you've completed medical treatment and before the long-term impact of your injuries becomes clear. These offers almost always fall short of covering your total damages, which may include:
- Future medical expenses for ongoing treatment
- Long-term rehabilitation costs
- Lost earning capacity if you cannot return to your previous job
- Pain and suffering damages
Kentucky law allows truck accident victims to seek full compensation for both economic and non-economic damages. Under Kentucky's pure comparative negligence system (KRS 411.182), you can recover damages even if you were partially at fault, though your recovery would be reduced by your percentage of fault.
They Delay the Claims Process to Pressure You Financially
When quick settlements don't work, trucking companies and their insurers might switch to delay tactics. They understand that truck accident victims often face financial pressure from medical bills and lost income.
These delays can take many forms:
- Requesting unnecessary documentation
- Taking excessive time to respond to communications
- Changing claims adjusters midway through your case
- Making unreasonably low offers to prolong negotiations
These strategies aim to wear you down financially and emotionally until you're willing to accept less than your claim is worth.
If you've been injured in a truck accident in Elizabethtown or Radcliff, don't face the trucking company and their insurers alone. With over five decades of experience handling serious injury cases in Central Kentucky, the skilled legal team at Skeeters, Bennett, Wilson & Humphrey has the knowledge and resources to counter these strategies and negotiate skillfully with insurance companies.