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Fort Lauderdale Workers' Compensation Lawyer > Blog > Trucking Accidents > Dealing with Trucking Companies and Insurers After a Truck Collision

Dealing with Trucking Companies and Insurers After a Truck Collision

Being in an accident with a large truck is hard enough on a person, but having to deal with injuries while the insurance company is trying to get you to agree to a settlement is more than enough to say the least. Many injured victims don’t realize that insurance companies are not on their side. In fact, insurance companies are always looking at their bottom line and want to save as much money as they can – even if it’s at a victim’s expense.

Most of the time victims of trucking accidents are seriously injured due to the force of the crash and the large size of the trucks involved. Any time an injury is serious, the insurance company knows the amount of the personal injury settlement will increase; however, they still attempt to pay as little money as possible. This is why victims of trucking crashes need to have experienced accident attorneys on their side.

Trucks that are involved in crashes often have trucking companies and insurance companies involved in the settlement negotiations. Trucking companies are typically as bad as insurance companies about wanting to save as much money as possible in settlement pay outs; however, once in a while, a trucking company will do the right thing for victims and their families. This was the case in the Tracy Morgan crash involving a Walmart truck.

Walmart Handles Crash Settlement Well But Insurers Did Not Fund Settlement

After the June 2014 trucking crash that involved a Walmart truck, actor James McNair was killed and comedian Tracy Morgan as well as other victims were injured. This fatal wreck occurred all because a Walmart truck driver failed to get adequate sleep before driving a huge tractor-trailer. In fact, the National Transportation Safety Board discovered that the trucker drove 800 miles in his personal vehicle to reach his destination on the evening prior to his on-duty time, and that he had only slept four hours in the 33 hours prior to the fatal wreck. In addition to the truck driver being guilty of drowsy driving, he was also driving 20 miles per hour over the posted speed limit of 45 miles per hour.

After the investigation into this trucking collision, there was no question that the truck driver was at fault in the wreck and caused the death of McNair and the other victims’ injuries. Walmart – knowing they were at fault for the fatal crash – reached settlements with the family of the deceased actor and with Morgan. However, some of the insurance companies in the group of insurers that carries insurance for Walmart’s private fleet have failed to pay their portion of the settlements. As a result, Walmart funded the settlement agreements for the victims in full and filed suit against the insurance companies that refused to pay. Now, two of the insurers have countersued on the basis that Walmart did not try to negotiate a lower settlement with the victims of the collision.

Importance of a Lawyer

The Law Offices of David Benenfeld reports on this story to inform you that anytime you or your loved one is in a serious trucking crash, it is often an uphill battle to get paid by the insurance company. While sometimes the trucking company will step in – like they did here – and do the right thing, it’s not always a guarantee. This is why it is always helpful to at least consult with a personal injury attorney experienced in truck accidents. At the Law Offices of David Benenfeld, you can receive a free consultation and learn more about your rights to a full recovery. Call 866-9 HELP NOW or 866-943-5766 today.

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