Tractor-trailers are monstrous in size and mass when compared to a typical passenger vehicle. This basic difference in size and mass means that truck accident victims will often suffer devastating injuries. The magnitude of injuries that characterize a tractor-trailer collision make it imperative that trucking accident victims seek the full measure of damages they are entitled to receive. In other words, accident victims need to effectively navigate the potential roadblocks and obstacles that may be presented by the at-fault commercial carriers’ insurance company.
Although someone from the insurance company may contact you after the collision in the course of investigating the claim, the trucking company may not be trying to determine “the truth” about the collision. It is important to understand that the insurance adjuster for the trucking company is an employee of the insurance company. While the adjuster may seem reasonable and even friendly, the focus of the adjuster’s efforts and any communications with you are intended to avoid liability for your injuries, property damage, or loss of a loved one. Even if liability is absolutely clear, which is uncommon, the adjuster may contact you to obtain information about pre-existing injuries that could reduce the value of your personal injury claim.
The best practice in situations such as these is to simply decline speaking with the insurance adjuster. This is especially if you are being asked to make a recorded statement. The law imposes no obligation on you to speak to the insurance adjuster for the trucking company. Sometimes San Francisco trucking accident victims are convinced that the fault of the truck driver is beyond dispute so that making a recorded statement will facilitate payment of the victim’s claim. The victims of negligent truck drivers and trucking companies should keep in mind that the only reason that the adjuster wants a statement is to develop factual evidence that will support valid legal defenses to your claim.
Another common ruse used by insurance companies in trucking accidents is to encourage you to sign documents that will compromise your trucking accident claim. The most common document that you may be asked to sign is a Waiver of Confidentiality. The insurance adjuster may be looking for medical information or employment information that may create possible defenses for the insurance company or otherwise undermine the value of your claim.
The other document that you may be asked to sign is a General Release of Liability. The document may even be accompanied by a check. Depending on the precise terms of the agreement, execution of this document may result in a complete waiver of all rights and remedies, which even includes those that involve injuries that have not yet become apparent. This can be a devastating result if you have permanent injuries that are only diagnosed later. The bottom line is never sign anything without consulting an experienced San Francisco truck accident attorney.
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If you or someone you love has been injured or a loved one has died in a San Francisco tractor-trailer accident, our San Francisco truck accident attorneys have the familiarity and experience to protect you from unfair tactics by the trucking company’s insurance company. We invite you to contact The Law Office of Ian Zimmerman for your free initial consultation. We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits. We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.