How Do I Avoid a Truck Wreck?
Last Updated on July 31st, 2017
A Texas truck accident attorney can represent you in the event that you’re injured because of negligent driving on the part of a big rig driver. The best thing you can do, however, is to avoid being involved in one of these crashes in the first place. Because of the incredible mass of these vehicles, they are uniquely deadly threats on the road and it’s very likely that anybody who is involved in a passenger car and big rig crash is going to be injured, if not killed.
Seeing the Signs
One of the things you definitely want to watch out for is when their trailers start swaying from side to side. This is a sign that the rig may be headed for a jackknife accident, which occurs when the trailer passes the front of the vehicle, the trailer and front fold together and the driver completely loses control of vehicle. Anyone in the path of a big rig that is in the process of having a jackknife accident stands little chance of escaping unscathed.
Simply because of physics, a big rig has to make a wide right turn compared to a passenger vehicle. Oftentimes, when they’re in the cities, the drivers will occupy two lanes to make sure that other drivers cannot get alongside of them. Don’t slip into any open spaces on the right side of a semi that has its right signal on. When they make the turn, the trailer will close in on the side of the road and anything caught in the gap will likely be crushed. These types of accidents are some of the most common that involve semi trucks.
Contacting a Lawyer
Make sure you call a car accident lawyer if you are injured by a big rig. There are some occasions when the trucking company will attempt to present you with a settlement check to avoid being sued. In most cases, this is because they know you would are likely to get a lot more money if you did press a lawsuit or, at least, if you had an attorney on your side to negotiate for you. Don’t accept a check without consulting with a qualified attorney first. If you don’t, you may end up paying a lot of the expenses of the accident out of your own pocket.
Last Updated on July 31st, 2017
Insurance Subrogation Claims
Subrogation is the legal technique where one party, usually the insurance company or insurer, steps into the insuredâ€™s shoes, so as to have the benefit of the insuredâ€™s rights and remedies against a third party such as a defendant.Â Subrogation most commonly arises in relation to policies of insurance, but the legal technique is of more general application.
So, letâ€™s say you are in a car accident and you are insured by a certain auto insurance company.Â Your insurance company will pay in full to have your car repaired and will then sue the person who hit you for negligence in order to get that money back.Â So, we can say that your insurance company has stepped into your shoes because you have given your insurance company the right to pay for the damages as well as go after the defendant (or the right of subrogation).
Hereâ€™s another example:
Suppose youâ€™re in a car accident and it is clearly not your fault.Â Your car is wrecked and your neck and back have been injured.Â You are covered for both the damage to your car and your personal injuries, and so you call your insurance company and they pay all of your expenses relating to the accident.Â Later, your insurance company, realizing that the other party at fault also has insurance that will cover the damages, seeks out reimbursement from that insurance company since its insured was actually at fault for the accident.Â This is called subrogation.
Subrogation refers to an insurance company seeking reimbursement from whoever is legally responsible for an accident after the insurer has paid out money on behalf of its insured.Â After paying your claim, your insurer is â€œsubrogatedâ€ to the rights of your policy and can â€œstep into your shoesâ€ to go after or sue the negligent party on your behalf.Â Not all insurers subrogate for medical bills.Â If they do, it could be against the other driverâ€™s insurance, but it could also be against your own separate health insurance policy or any other medical insurance that would cover your treatment.
Subrogation may also be employed when your insurer settles your collision claim for damage to your vehicle due to another driverâ€™s negligence.Â Generally, your insurer will have you sign a subrogation release that assigns your right of recovery against the person responsible for your loss to them. Insurers may not stall settling your claim until they get paid from the person at fault. Subrogation usually occurs some time after the original claim is settled.Â Some insurers will include the deductible when they subrogate and you will get your deductible back when the other driver or their insurance company pays the subrogation claim.
There are several categories of subrogation including:
- Indemnity insurerâ€™s subrogation rights
- Suretyâ€™s subrogation rights
- Subrogation rights of business creditors
- Lenderâ€™s subrogation rights
- Bankerâ€™s subrogation rights
All the various types of subrogation are conceptually the same, but they each have subtle distinctions in relation to the application of the law of subrogation.
What if the accident was your fault?
If the accident was your fault, you are responsible for the damages caused. If the accident was only partly your fault, you may be only responsible for a portion of the damages. The other driverâ€™s insurance company will likely subrogate against you or your insurance company to pay for the damage to their insuredâ€™s car and/or their medical bills. Keep in mind that often you can negotiate the amount of damages that is being claimed and pay out the amount over time. If you donâ€™t have insurance and a claim is being subrogated against you, it is a good idea to contact a car accident lawyer to make sure you are not getting taken.
If you were involved in an accident in Texas, we’ll be happy to mail it to you (together with a host of other free stuff.) You can either email us, call us at (512) 343-2572, or fill in the form to the right.