Archive for February, 2025

What to Do If an Insurance Company Tries to Blame You After a Truck Wreck

A red tractor-trailer speeding on a sick highway.

Protecting Your Rights After a Houston Truck Accident

After a serious truck accident, the trucking company’s insurance provider may try to shift the blame onto you – even if the crash was clearly caused by the truck driver. Why? Because trucking companies and their insurers have a lot to lose in these cases, and they’ll do whatever they can to reduce or deny your claim.

At Smith & Hassler, our Houston truck accident lawyers have seen these tactics before, and we know how to fight back. If you’ve been injured in a Texas truck wreck, don’t let the insurance company twist the facts. Understanding their strategies and taking the right steps can make all the difference in your case.

Common Insurance Company Tactics After a Truck Accident

Insurance companies know that truck accident claims can lead to substantial payouts, which is why they often use aggressive tactics to reduce or deny claims. If you’re not prepared, you could end up with far less than you deserve. Here are some of the most common strategies they use:

  • Blaming you for the crash – The insurance company may argue that you were speeding, distracted, or failed to yield, even if the truck driver was clearly at fault. Texas follows a modified comparative negligence rule, meaning if they can pin at least 51% of the blame on you, they can deny your claim completely.
  • Using your statements against you – Adjusters may seem friendly, but they’re trained to get you to say something they can twist to minimize your claim. Even a simple “I’m feeling better” could be used to argue that your injuries aren’t severe.
  • Delaying the claims process – Insurers know that accident victims often face mounting medical bills and financial pressure. By dragging out your claim, they hope you’ll accept a lowball offer just to get some relief.
  • Disputing medical treatment – If you wait too long to see a doctor or don’t follow your prescribed treatment plan, the insurance company may argue that your injuries aren’t as bad as you claim.
  • Hiding or destroying evidence – Trucking companies have critical evidence like black box data, maintenance records, and driver logs that could prove their liability. Without immediate legal action, this evidence could conveniently “disappear.”

Insurance companies have one goal – paying you as little as possible. But you don’t have to accept their tactics. By knowing their playbook and taking the right steps, you can protect your rights, preserve key evidence, and build a strong case for the compensation you deserve.

Steps to Protect Yourself After a Texas Truck Accident

When an insurance company tries to shift blame, taking immediate action can make all the difference in proving the truth and securing fair compensation. Here’s what you need to do:

1. Stick to the facts

Be cautious about what you say to the insurance company. Stick to the facts of the crash and avoid giving recorded statements without legal guidance. Even a simple phrase like “I’m sorry” can be twisted into an admission of fault.

2. Gather and preserve evidence

The more evidence you have, the harder it is for an insurer to dispute your claim. Key evidence includes:

  • Police reports that document what happened.
  • Photos and videos from the crash scene.
  • Witness statements supporting your version of events.
  • Black box data and maintenance records from the truck.

3. Follow your doctor’s orders

Insurance companies may claim you’re not seriously injured if you skip medical appointments or delay treatment. Follow your doctor’s instructions, attend all recommended treatments, and document your recovery.

4. Don’t accept a quick settlement

Insurers often offer lowball settlements before the full extent of your injuries is known. If you accept too soon, you could end up covering future medical costs out of pocket. Never agree to a settlement without reviewing it with an attorney.

5. Get a truck accident lawyer on your side

Insurance companies have teams of adjusters and lawyers working to protect their bottom line. Having an experienced truck accident lawyer levels the playing field and ensures your rights are protected every step of the way.

By taking these steps, you strengthen your claim and put yourself in the best position to recover full and fair compensation.

Why Having the Right Lawyer Makes a Difference

When an insurance company tries to shift blame, having a skilled truck accident attorney can be the difference between a denied claim and full compensation. Here’s why legal representation matters:

Investigating the crash

Truck accidents involve complex evidence that insurance companies won’t willingly hand over. A lawyer can:

  • Obtain black box data that records the truck’s speed and braking.
  • Analyze driver logs for violations of federal trucking regulations.
  • Secure surveillance footage and accident scene photos before they disappear.

Challenging insurance company tactics

Adjusters may twist your words or pressure you into accepting less than you deserve. Your lawyer will:

  • Handle all communications with the insurance company.
  • Counter unfair accusations of fault.
  • Push back against lowball settlement offers.

Maximizing your compensation

A truck accident can leave you with serious injuries, medical bills, lost wages, and long-term suffering. An attorney fights to ensure you receive compensation for:

  • Current and future medical expenses.
  • Lost income and reduced earning capacity.
  • Pain and suffering, emotional distress, and diminished quality of life.

Taking the case to court if necessary

If the insurance company refuses to offer a fair settlement, a truck accident lawyer with trial experience can take the case to court. The threat of a lawsuit alone often pressures insurers into offering a higher settlement.

With a dedicated legal team on your side, you don’t have to fight insurance companies alone. You deserve justice, and the right truck accident attorney will make sure you get it.

Our Houston Truck Accident Lawyers Can Protect Your Rights

If an insurance company is trying to blame you for a truck accident, don’t let them take advantage of you. Their goal is to minimize their payout – but you have the right to fight back. At Smith & Hassler, we know the games they play, and we won’t let them get away with it.

Our Houston truck accident attorneys have built a reputation for holding trucking companies and insurers accountable. With decades of experience and a track record of securing major settlements and verdicts, we have what it takes to win.

Don’t wait. The sooner we start building your case, the stronger it will be. Contact us today for a free consultation, and let us help you find your way forward after a truck accident.

“Our son was in a wreck, and we needed help knowing how to move forward. Al Hassler at Smith & Hassler was wonderful helping us know how to proceed in working with the insurance company and the other party. He alerted us to important details we did not know about and calmed fears. We felt so much confidence in the guidance we got from Mr. Hassler and Smith & Hassler.” — H.D., ⭐⭐⭐⭐⭐