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When the Commercial Vehicle’s Insurance Company Blames the San Antonio Driver Instead of Their Company

When the Commercial Vehicle’s Insurance Company Blames the San Antonio Driver Instead of Their Company

Understanding Liability Shifting in Commercial Vehicle Accidents

If you’ve been involved in an accident with a commercial vehicle in San Antonio, you might be shocked when the insurance company tries to place the blame on you rather than their insured company. This tactic, known as liability shifting, is a common strategy employed by commercial insurance companies to minimize their financial exposure.

Commercial vehicle accidents can result in devastating injuries and significant property damage. When the stakes are high, insurance companies work aggressively to protect their bottom line. Understanding how and why they attempt to shift blame, and knowing how to counter these tactics, is essential for San Antonio drivers seeking fair compensation.

Why Commercial Insurance Companies Shift Blame

Commercial vehicle insurance policies typically carry much higher coverage limits than personal auto policies because of the increased risk and potential damages associated with commercial vehicles. A fully loaded commercial truck can weigh up to 80,000 pounds, compared to an average passenger vehicle weighing about 4,000 pounds. This dramatic weight difference creates enormous destructive potential in accidents.

Insurance companies representing commercial entities have strong financial incentives to avoid paying large claims. By shifting blame to the other driver, they can:

Common Tactics Used to Blame San Antonio Drivers

1. Immediate Investigation Teams

Unlike personal auto accidents, commercial carriers often dispatch investigation teams to accident scenes immediately. While you’re still dealing with injuries and shock, their investigators are already collecting evidence designed to minimize their client’s liability.

These teams may:

2. Claiming Contributory Negligence

Texas follows a “modified comparative fault” rule with a 51% bar. This means that if you’re found to be 51% or more responsible for an accident, you cannot recover damages. Insurance companies exploit this by trying to establish that you were primarily at fault.

They might claim you:

3. Using Your Statements Against You

Insurance adjusters often contact accident victims quickly, sometimes while they’re still receiving medical treatment. These conversations are typically recorded, and adjusters are trained to ask questions designed to elicit responses that can be used to establish your partial or complete fault.

Even saying something as simple as “I’m sorry” can be twisted into an admission of guilt.

4. Disputing Your Injuries

Commercial insurance companies may also try to minimize the severity of your injuries or claim they were pre-existing conditions rather than results of the accident.

They might:

How to Protect Yourself When an Insurance Company Shifts Blame

1. Document Everything at the Scene

If you’re physically able and it’s safe to do so, collect as much evidence as possible:

2. Report the Accident Properly

File a police report and ensure you provide a careful, accurate statement. Obtain a copy of this report as soon as possible.

In Texas, you must report an accident to the Department of Transportation within 10 days if it resulted in injury, death, or property damage exceeding $1,000.

3. Seek Immediate Medical Attention

Even if you don’t feel severely injured, see a doctor promptly. Some serious injuries don’t manifest symptoms immediately, and this documentation establishes a clear connection between the accident and your injuries.

4. Be Cautious With Insurance Company Communications

When speaking with insurance adjusters:

5. Preserve Evidence of the Commercial Driver’s Violations

Commercial drivers are subject to strict federal and state regulations. Evidence of violations can strongly counter attempts to shift blame.

Potential violations include:

Critical Evidence to Combat Blame Shifting

Electronic Logging Devices (ELDs) and Data Recorders

Since December 2017, most commercial vehicles must use electronic logging devices to record driving time. These devices, along with other onboard data recorders (similar to aircraft black boxes), can provide crucial evidence about:

This data must be requested quickly, as companies are only required to preserve it for a limited time.

Maintenance and Inspection Records

Commercial vehicles require regular maintenance and inspections. Records showing neglected maintenance or failed inspections can establish company negligence, regardless of the driver’s actions at the time of the accident.

Driver Qualification Files

Companies must maintain detailed files on their drivers, including:

These records can reveal if the company knowingly employed a driver with a problematic history.

Corporate Policies and Training Materials

How a company trains its drivers and the policies it enforces (or fails to enforce) can establish negligent practices that contributed to your accident.

Vicarious Liability

Under the legal doctrine of “respondeat superior,” employers are generally responsible for their employees’ actions performed within the scope of employment. This means that even if the driver made an error, the company can still be held liable.

Negligent Hiring and Retention

Companies have a duty to hire qualified drivers and to remove dangerous drivers from service. Failing to perform proper background checks or keeping drivers with known problems can establish company liability.

Negligent Maintenance and Inspection

Companies are responsible for ensuring their vehicles are properly maintained and safe to operate. Failing to do so creates liability that cannot be shifted to other drivers.

Federal Motor Carrier Safety Regulations

Commercial vehicles operating across state lines must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. Violations of these regulations can be powerful evidence against blame-shifting tactics.

Commercial vehicle accident cases involve complex federal regulations, industry standards, and corporate structures that general practice attorneys may not fully understand. Working with an attorney experienced in commercial vehicle litigation is crucial.

An experienced attorney can:

Building a Strong Case Through Discovery

Your attorney will use legal discovery procedures to obtain evidence that the company and their insurer won’t voluntarily provide, including:

Settlement Negotiations

Most commercial vehicle cases settle before trial, but getting a fair settlement requires demonstrating that you can and will take the case to court if necessary. Insurance companies track attorneys and know which ones regularly try cases versus those who always settle.

Litigation Strategy

If your case goes to trial, your attorney will develop a strategy to clearly demonstrate:

Conclusion

When a commercial vehicle’s insurance company tries to blame you instead of their insured company, they’re counting on your lack of knowledge and resources to successfully shift liability. By understanding their tactics, preserving evidence, and working with experienced legal representation, San Antonio drivers can effectively counter these strategies and pursue the full compensation they deserve.

Remember that Texas has a two-year statute of limitations for personal injury claims, so taking prompt action is essential to protect your rights. The sooner you begin building your case, the better your chances of successfully countering blame-shifting tactics and securing fair compensation for your injuries and damages.

If you’ve been injured in a commercial vehicle accident in San Antonio, don’t let the insurance company convince you that you were at fault without a thorough investigation and evaluation of your case by qualified professionals who represent your interests, not the insurance company’s bottom line.