Shady Insurance Settlement Tactics You May Encounter

In 2023, Bradley Shepherd and his son Colton were driving in Tacoma, Washington.  Going straight on the road, their world was rocked when a TruGreen commercial vehicle turned in front of them.  With hardly any time to react, Bradley hit the brakes, but wasn’t able to avoid the wreck.  His son suffered a fractured leg, and Bradley himself fractured his spine.

Over the course of the trial, the insurance company representing TruGreen offered a settlement that many would think, at first, to be fair: $2 million.  However, the lawyers representing Bradley knew that a quick settlement, even one that looked like enough, was shady.  A young boy with a fractured leg and a man in his 40’s that needed invasive surgery – their quality of life would never be the same.

When the case was finally resolved, in 2025, the jury awarded Bradley $12.74 million to ensure he would be compensated for sufferings now, and anything that arose in the future.  The Car Crash Captain explores why this case, even though it took 2 years to finalize, is an important lesson on how to deal with commercial vehicle insurance settlements.

How a Commercial Wreck Differs

We know there’s a difference between a commercial wreck and one with another motorist.  But just how are they different?  It seems like it should be straightforward, but these things can get pretty complicated.

• Parties – When colliding with a commercial vehicle there can be multiple parties that maintain some liability.
• Oversight – Commercial drivers must abide by both the state and federal regulations.
• Coverage – The coverage limits are generally much higher, especially when multiple layers exist.
• Complexity – Cases tend to be far more complex, and negotiations and trials can drag out for months and even years.
• Defense – Insurance companies, and their lawyers, will be much more aggressive in their defense tactics.
• Amounts – Settlement amounts tend to be much higher, usually because injuries, economic loss, and limits are greater.
• Delays – After a commercial wreck, the delays are usually longer as all the data and evidence are gathered.

There’s more at stake after a commercial wreck.  The injuries are greater, the accidents are more often fatal, and the settlements can run into many millions of dollars.  That’s why the lawyer representing the defense will use tactics to limit their exposure.

Tactics Insurance Companies Use after a Commercial Wreck

Many of the tactics that could be used are considered illegal.  However, there are plenty of shady methods that can be used that don’t fall into that category.

Early Offers – One of the most used tactics these companies use is to put out a settlement offer quickly.  This is usually a low-ball offer, and one that is set forth soon after the wreck.  The tactic is done because they know if things are investigated more carefully, the victim will understand they need more compensation to cover their losses.  By trying to settle quickly, the hope is that you will take an offer that isn’t adequate.

Hiding Logs – When the at-fault party knows they will be found liable, they might try to delay turning over the evidence that will show they are wrong.  Often, they don’t deliberately hide the logs, but they don’t make them easy to get.  You need an attorney to subpoena the logs when the other party refuses or delays turning them over.

Casting Blame – Because there isn’t always one party that’s fully responsible, the insurance company may try to cast the blame to another party that is at least partially responsible.  This helps to not only delay, but also to reduce the payout they might be on the hook for.

Delay Tactics – When you don’t accept that early and low-ball offer, they usually do whatever they can to delay the settlement.  Sometimes they claim the medical condition must stabilize before the full extent is known, sometimes they slowly turn over information, and sometimes they will straight up ignore you.

The big issue here is that this party knows they are at-fault, and they’re doing everything they can not to admit it, and to ultimately reduce what they rightfully owe.

Why You Need a Lawyer

And that means you’re often left battling for your own rights.  Without a lawyer, you have to do all of this investigatory work on your own.  Are you able to do that?  Do you know how to subpoena records, pursue compensation, reconstruct an accident scene, and deal with a shady insurance company that’s delaying your settlement?

Most likely, you don’t know how to do it.  Possibly, you couldn’t do it even if you were aware of all the necessary procedures.

Herbert Law Group Helps with Victims of Commercial Wrecks

That is why Herbert Law Group is here.  You should have one focus after a commercial wreck – to heal from your injuries.

We are here to fight for your rights.

Don’t try to do this alone; instead, let us help you find compensation and the justice you deserve.  It all starts with a phone call and a free conversation to figure out how we can help.  Call us at 214-414-3808, or fill out the contact form on our site and we’ll be in touch with you shortly.

Overheight and Overweight Loads Pose Oversized Risks

When you think of truck wrecks, what comes to mind?  Probably a fatigued truck driver veering off the road, or perhaps one who’s on the phone and not paying attention, or someone trying to make deadlines and risking it all by speeding and running stop signs.

There’s another danger, however, that isn’t exactly as easy to spot.  Trucks that are overloaded can pose a hazard to the other drivers.  They’re not just big, they’re outside of the safe limits, and when they’re not properly permitted, escorted, or routed, they can have terrible consequences when something goes wrong.  The Car Crash Captain looks into how this all goes down.

How Big can Big Rigs Be?

Federal laws determine how big vehicles can be when they’re traveling on the interstate.  These aren’t arbitrary numbers either, they’re specifically studied to ensure the maximum size that can safely travel.  These trucks can be:

• 13’ 6” in height
• 80,000 pounds in weight
• 53 feet in trailer length

There are, however, loads that end up exceeding these maximums.  When that’s the case, they need to get special permits for oversize or overweight; sometimes pilot cars are required to ensure safety on the roads.

What Happens When the Bigness is Exceeded?

It’s not hard to see that exceeding some of these dimensions can have disastrous results.

When a vehicle is overheight, they risk running into bridges, overpasses, and more.  The roadways are designed to ensure that big rigs can safely travel – assuming the big rigs follow the guidelines.  Of course, there are plenty of mishaps when a big vehicle tries to pass through an older area that isn’t able to be updated to accommodate modern sizes (just check out 11 foot 8).

Trailers that are overlength require more room to turn.  Even a standard sized trailer can have difficulty navigating some turns, when they’re even longer, the turns get even harder.

Heavier vehicles take more time to stop.  Exceeding the weight can cause even more problems, and leads to higher instances of rear-end collisions.

Suppose all the other rules are followed, that oversized cargo can be harder to secure.  Shifting, rolling, toppling, or losing the cargo leads to serious issues on the roads.

How Does This Slip By and Become an Issue?

With all of the regulations surrounding commercial vehicles, how do these slip by?  How are these an issue when supposedly the trucking companies and drivers are abiding by the rules?

Modern GPS systems should make this a non-issue, but route planning needs to be done carefully.  Drivers may miss low-clearance warnings, or take roads that are closed to truckers.  These roads are closed because they can’t accommodate bigger vehicles.

Sometimes it’s a matter of training.  Newer drivers can’t handle oversized loads, even with proper permitting.  The lack of skills can mean that the trucking company either delays the shipment, or puts a driver behind the wheel that isn’t ready for it.

Corner cutting to save money is always going to be an issue.  Unfortunately, when it comes down to it, it’s all about the money.  And when you can save some money by skipping the permitting, skimping on the training, or neglecting the escorts, then it sets innocent people up for tragedy.

Who can Be Held Liable for a Too Big Rig Wreck?

So, what happens when a big rig does get in a wreck and injures or kills someone?  Who can be held liable?  Just like other truck wrecks, liability can fall on a variety of different parties including:

• Drivers for ignoring clearances or permit restrictions.
• Carriers for failing to obtain permits, or pushing for deadlines and using unqualified drivers.
• Loaders for improperly securing cargo.
• States for poor signage or failing to warn of hazards (this is actually quite rare).

How does Herbert Law Group Help Truck Accident Victims in Texas?

Rules and regulations are there to ensure the most safety for the most people.  While it’s sometimes necessary to move huge equipment or oversized loads (have you seen wind turbines being trucked across the state?), it’s imperative that these trucking companies follow the regulations to keep everyone safe.

If you’ve been injured, or a loved one was killed, in an accident with a big rig, then you should talk with Herbert Law Group.  Seasoned lawyers know how to argue for maximum compensation, and prove that the victim wasn’t liable for the wreck.

Give us a call at 214-414-3808, or fill out the contact form on our site, and we’ll be in touch for your free initial consultation.

What’s New, What Works, What’s to Come

Each year there are around 5,500 fatal truck crashes.  This number has steadily climbed in the last two decades, in part due to the increasing number of vehicles (and trucks) on the roads.  What has decreased, though, is the number of fatal truck underride collisions.  These were once 25% of the fatal accidents involving commercial vehicles, but now has dwindled to roughly 10%.  Largely because of new regulations and technology that have come into play.  The Car Crash Captain explores this topic.

Federal Standards and Side Guards

More and more trucks are being fitted with guards that help to prevent these fatal accidents.  The innovations have worked well, but they were long overdue.  It was back in 2010 that the IIHS did crash tests to see how the rear guards and side guards were working.  They found that many of the crashes were failing.

This led to new safety mandates that were put into effect during the Biden administration.  These mandates pushed for stronger rear guard protection that adequately prevented vehicles from truck underride collisions.  New standards were a success, and the IIHS estimates that hundreds of lives are being saved each year by preventing these underride collisions.

New Innovations Coming

That doesn’t mean more can’t be done.  Currently the regulations only require that the backs of the trucks are protected.  While many trucks do incorporate side guards (in part for aerodynamics, and in part for safety), they aren’t required to have them.

That could soon change, though.

A new structure called AngelWing have shown that T-bone accidents at 40 miles per hour adequately prevent underride collisions when this is installed.  The AngelWing structure spans the width of the truck and provides a firm backing that prevents the car from sliding underneath the truck in a side collision.

More testing is being done, and the US will likely follow suit with the European Union.  Countries over there have required front and side guards since the early 2000s.  This benchmark is a proven way to keep people a little bit safer on the roads without adding overwhelming costs to the trucking companies.

How to Stay Safe on the Roads

Herbert Law Group wants you to be safe on the roads.

When you’re traveling, especially around large trucks, be aware of your surroundings.  Notice if these trucks have rear guards and side guards.  Pay attention to their movements, and drive defensively.  Know that the safest place to be is not right next to them, so pass quickly and give them some space.

If you have been in a wreck with semi-truck, you need a Texas truck wreck lawyer on your side.  We’ll navigate the difficult liability situations that come up, and we’ll help you receive the compensation you deserve so you can fully heal from injuries.

Just call our offices at 214-414-3808, or fill out the contact form on our site and we’ll be in touch with you for a free conversation.

Truck Tire Blow Outs Cause Thousands of Wrecks

Have you ever driven down the highway, slowly passing a big rig commercial truck, and actually looked at the size?  They’re called 18-wheelers because with the tractor and trailer, they have a total of 18 wheels.  Each of those wheels is around 40 inches tall and weighs, without the rim, between 75 and 100 pounds.

When one of those tires blows out, and it happens thousands of times every day across the country, there’s the potential for a major wreck.  According to studies by the FMCSA, there are about 8,000 truck crashes every year that involve tire failures (not specifically blowouts, but that is a leading cause).  The Car Crash Captain explores what’s going on, and how you can stay safe.

Causes of Texas Truck Tire Blow Outs

Driving on Texas highways can make you especially susceptible to one of these dangerous wrecks.  The extreme heat we can experience, heavy traffic, and long-haul trucking routes that crisscross the state mean there’s many more opportunities for one of these wrecks to happen.

Combine that with other factors, such as:

• Worn tires
• Overweight cargo loads
• Road hazards
• Improperly maintained tires
• Under/over inflated tires

And you end up with a recipe for a blow out that in the best-case scenario scatters shredded rubber across the road.  Worst-case scenario, multiple vehicles are involved and fatalities occur.

How to Stay Safe and Avoid Truck Tire Blow Outs

A tire blow out can cause the driver to lose control.  Or, the shredded tire can hit your vehicle and cause you to lose control.  The best way to survive a wreck is to avoid it in the first place.

That’s not always possible, but there are some best practices that can ensure you’re as safe as possible.

Keep a Safe Distance – You never want to follow closer than 2 seconds behind another vehicle.  With a rig that could blow a tire, stay back a little more.

Watch for Debris – Some highways, like 1-45 that runs Galveston, through Houston, and ends in Dallas, have heavy truck traffic and are known for blow outs.

Pass Quickly – Drive defensively.  Don’t linger in blind spots, alongside trucks, and try not to pass on curves.  Don’t break the law and go flying past, but don’t hang out next to a truck longer than necessary.

What Are Your Legal Rights?

If you’re injured, or a loved on is killed, in a wreck due to a truck tire blow out, you have the right to pursue justice from the negligent party.

The hard part, however, can be determining who the negligent party actually was.

The driver (or trucking company) might have been negligent if he or she failed to maintain the tires, ignored defective tires, or failed to inspect the truck properly.

The tire manufacturer might be negligent if they sold a tire that had a known defect.

The tire installation company might be negligent if they installed a tire and knew that it was faulty, but installed it without warning anyway.

That’s why you need a personal injury lawyer, like those at Herbert Law Group, to help you navigate this potential multi-party liability claim.

What Happens if You’re Hit

If you’re hit, you need to speak with us right away.  The insurance companies will try to deflect, deny, or delay your claim.  If you wait too long, it’s going to be harder to track down evidence that shows liability.

As soon as you can, get things started and we can pursue justice for you.  All it takes is a phone call to our offices for a free conversation as we get to know you and understand what happened.  Call us at 214-414-3808.  Or, just fill out the contact form, and we’ll reach out to you.

FMCSA Gaps, Repeat Offenders, and Risk of Texas Truck Wrecks

Every year there are over 6,000 fatal truck wrecks, and the numbers just keep climbing.  Part of the reason is that there are certainly more people on the road than in years past, but another growing issue is that the FMCSA has looked the other way on repeat offenders.  A wreck or dangerous situation will occur, and there’s no accountability happening.  The Car Crash Captain explores this issue.

How the FMCSA Regulates Trucking Companies

Every commercial truck driver and company have to go through a fairly rigorous process to ensure safety on the roads.  The Federal Motor Carrier Safety Administration (FMCSA) sets the guidelines for:

• Registration: This department oversees the USDOT registration and more.
• Hours of Service: Truck drivers are only allowed to drive certain hours to prevent fatigue behind the wheel.  Learn more about the hours-of-service rules.
• Truck Safety: Big rigs are required to go through regular inspections, maintenance, and repairs.  Drivers are supposed to do pre-trip inspections and inspect throughout their trip.
• Qualifications: Anyone operating a semi-truck has to have a CDL, go through drug and alcohol testing, and medical certification to ensure they’re fit to drive.
• Compliance: The FMCSA monitors for unsafe driving, compliance to all these standards, looks at crash history, if drivers are fit for service, and more.

In short, the FMCSA oversees the entire industry to ensure that even if a crash happens, the problem drivers and companies are dealt with… at least that’s what they’re supposed to do.

The Loopholes and Delays in Enforcement

The problem is that like many organizations, they’re vastly understaffed and overburdened with work.  Combine that with those who are intent on breaking the law will do whatever they must to “get away” with driving unsafely.

• Shell Companies – Some trucking companies will open up shell companies, or chameleon companies to avoid penalties.  This “new” company has a clean record and they can continue to operate unsafely.
• Audit Delays – Some trucking companies with poor safety scores keep operating for a long time before the FMCSA investigates.  These delays can last for years due to lack of manpower to complete timely audits.
• Faked Logs – Even with electronic data logs, the carriers can fudge their numbers, skip maintenance, or “lose” or “misplace” their paperwork.
• Slap on the Wrist – Minor violations can result in warnings instead of penalties.  Often these minor violations are indicative of a bigger and more dangerous pattern, but the company never experiences a shutdown.

Because of all of this, there are some drivers and companies that keep operating unsafely.  They put every one of us at risk.

Tugg Energy’s Fatal Crash and No Consequences

In May of 2024, a driver for Tugg Energy was driving a propane delivery truck.  The driver crashed through a guardrail and the entire truck fell into a reservoir.  Ultimately the driver was found dead in the cab of the truck; fortunately there were no other victims.

Two weeks later, the FMCSA conducted a review and found multiple compliance and safety issues.  They issued a $25,000 fine against the trucking company for the violations.  In the scheme of things, that’s hardly a deterrent.

The real issue came several months later.  By February of 2025, the case was dropped completely and the agency was “no longer pursuing action.”  Tugg Energy skirted the rules, had a driver die while on duty, and nothing was done.

You can read more about this issue and this case on the Washington Post.

Herbert Law Group Helps Truck Crash Victims

The sad reality is that deadlines and money will constantly have companies pushing the limits and putting their drivers and the public at risk.  As the population continues to grow, more and more vehicles are on the roads, and fatal accidents will remain high.

The good news is that you have someone on your side.

If you were injured in a Texas truck accident, or if your loved one was killed in a wreck with a commercial vehicle (that includes busses, trucks, and more), then we need to talk.

Herbert Law Group has a long history of winning cases for the victims and helping them recover because they receive the compensation they deserve.  Let’s talk about what happened to you, and let’s find out how we can help.  It all starts with a free phone call to our office at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you.

More Fatal Truck Wrecks Happen at Night

Imagine you’re driving a Texas highway at night.  There’s a little bit of rain, nothing serious, so you flick on the wipers.  The rain gets a little heavier and you head around a corner.  Suddenly, traffic has stopped.  It looks like a vehicle hydroplaned and smashed into the median wall.  Not a big wreck, but everyone is slowing down to ensure the driver can safely move the vehicle off to the side of the road.

A truck comes around the corner, seeing the stopped cars, the trucker locks up the brakes.  As the trailer jackknifes, the driver loses control and slides into the line of cars as the truck wheels skid across the wet pavement.  That small fender bender has now turned into a serious wreck, with potential fatalities.  This fictitious situation is a whole lot closer to reality and happens every day; the Car Crash Captain explains.

Rain, Fog, Snow, and Ice

On a good day, a big rig doesn’t stop nearly as quickly as a passenger vehicle.  In fact, even in optimum conditions, those semi-trucks are looking at 40% more stopping distance than a regular car.  That means at 60mph it takes your passenger car about 240 feet to stop, and that fully loaded semi takes 310 to 355 feet to stop.

Now throw in some bad weather and things get even worse.  Rain can cause hydroplaning, snow and ice cause slick surfaces, and fog cuts down reaction time.  Even though the heavy weight of those trucks allows them to retain traction for longer, they still can’t stop nearly as quickly.

Rain doesn’t just make things wet, it magnifies risk.

You Can’t See in the Dark

If you have driven in the daytime, and then during the night, you know it’s a bit harder to drive at night.  Even those modern headlights that bore through the eyeballs and into the soul of oncoming traffic can only light up so much.  Your peripheral vision declines, depth perception changes, and lights from other drivers can become disorienting.

Often truck drivers are on tight schedules to get to their destination.  They have to drive during the night to ensure on-time deliveries.  Even though there’s a lot less traffic on the roads at night, the NHTSA reports that drivers are three times more likely to be involved in fatal crashes during the night.

How Weather and Nighttime Affect Liability

Even though weather worsened the wreck, it’s not an excuse.  Trucking companies must be prepared to drive in the day, the night, during rain, snow, sleet, hail, and all sorts of weather.  They have to be prepared to stop if the weather gets too bad, and when they do push through their vehicles must be maintained to ensure all lights are working, brakes are maintained, and their logs are kept up-to-date.

What happens when a trucker thinks they can just push on through and the rules of physics don’t apply? Like the hypothetical scenario in our introduction?  Victims are entitled to compensation.

When Has this Actually Happened?

You might be thinking, “Okay, but is it really that bad?  Does this really happen?”  Yes, it certainly does.

Take the case of Ronal Britt.  A 61-year-old commercial truck driver from Lafayette, this driver wasn’t a stranger to inclement weather.  And it seemed that he could get away with driving a bit fast for conditions… until he couldn’t.  On October 23, 2023 Britt was going way too fast when he came into an area of fog.  He couldn’t see the cars stopped in the road in time, and he plowed into the back of a stopped vehicle killing the driver and seriously injuring the passenger.  He was later arrested on multiple accounts of negligent homicide, negligent injuring, reckless operation, and other traffic offenses.  Read more on the AP site.

The point is – this happens way too often.

Why You Need Herbert Law Group

That is why we are here.  We know the law, we know how to recreate truck wrecks, and we know how to fight for you, the victim.

If weather was involved in your wreck, or if it happened in broad daylight with clear roads, we’ll help you receive the justice you deserve.  First, we need to know what happened.  Call our offices at 214-414-3808, and we’ll have a free conversation to determine just how we can help.  Or, you can simply fill out the contact form on our site and we’ll reach out to you.

Squeeze-Play Accidents are Common and Deadly

You’ve probably pulled up behind a semi-truck and read the little sign on the back of the truck that says, “Caution, Wide Right Turns” and often shows a little graphic of a vehicle colliding with the truck.  Those wide turns, when they turn into wrecks, are sometimes referred to as squeeze-play accidents because the motorist (or sometimes cyclist or pedestrian) are squeezed between the truck and the curb, signage, pole, or whatever happens to be there.

The problem has been around a long time, and the issues are only getting worse as traffic continues to increase throughout the DFW Metroplex.  The Car Crash Captain investigates.

Why is Dallas a Hot Spot for Wide Turn Truck Accidents?

Many Dallas area streets are laid out in a grid section, which of itself isn’t the entire issue.  The issue is that many of these grid pattern streets near distribution centers and warehouses (areas with a lot of truck traffic) are older intersections.  They were built back in the day when trucks and automobiles were a bit smaller.  The result with today’s big rigs, is that these intersections get tight, and the semi-trucks have to make wide right turns to accommodate.

It’s also quite the known issue.  There was a major news report on the intersection of S. Hampton and Danieldale back in 2018 showing how these trucks are cutting it “way too close.”  This is just one of many areas of concern that can lead to wide turn truck accidents.

What Should be Done to Reduce These Wrecks?

Unfortunately, there are only two ways to reduce these types of wrecks.

1. Manufacturers could make their trucks smaller.  This would reduce the need for the wide right turns, but it would also mean goods couldn’t be transported as efficiently.
2. Cities can make the streets wider (or accommodate wide right turns with different curb designs).  This would be a major overhaul and expensive project, and largely unfeasible in many areas where there just isn’t the room to expand.

The only other option is to hope all parties pay attention, don’t act negligently, and drive safely.  But we’ve seen over the years that relying on good judgment really doesn’t work all that well.

Who is Liable in Wide Turn Truck Accidents?

Suppose you’re injured in a wide turn truck accident; who is liable?  Are you liable, because you should have seen the small warning sign?  Or is the truck driver liable because he or she didn’t maintain their lane when turning?  Or perhaps a third party is the culprit?

Truck drivers owe a duty to ensure safe turning.  If they cross the lines, jump the curbs, or otherwise squeeze you into a wall or pole, they might be liable.

Municipalities could be liable due to poor design and planning.  The design of the roads could force wide turns, and you might be able to argue that it’s an unreasonably dangerous intersection design.

Regardless of who ends up being liable, you need to be able to prove liability, so you can receive compensation that will help you heal from your injuries, and get back on track with your life.  That’s why you need a truck wreck lawyer in Texas.

Why You Need Herbert Law Group

We know what goes into investigating these truck wrecks.  And if you’re injured you likely don’t have the time or energy to do this yourself.  Most people, even uninjured, don’t know what to look for or where to look to gather evidence.

Herbert Law Group does.  We’ll find the surveillance footage that captures the area and the encroachment.  We’ll see which traffic studies have been done, and whether a project is long overdue to fix a dangerous intersection.  We’ll reconstruct the wreck to show where the truck overhung marked turn lanes and infringed on pedestrian areas.

In short, we’ll work hard so you receive justice.

First, though, we need to know what happened.  We need to get to know you and make a plan.  Call our offices at 214-414-3808, or fill out the contact form, and we’ll get the ball rolling.

How Complex Insurance Policies Affect Your Settlement

Wrecks with commercial vehicles come with a lot of complications.  There may be more than one liable party that holds the fault for the wreck.  You’re likely struggling with significant vehicle damage and injuries.  And to top it all off, there is likely a complex insurance nightmare to deal with.

While commercial vehicle policies generally come with higher limits, they also have layered coverage and the companies delay and deny to avoid paying out a settlement.  The Car Crash Captain takes a look at what this all means if you have been injured in a wreck with a commercial vehicle in Texas.

Higher Limits with a Catch

Most likely you have a policy that reads something like 50/100/50.  This means if you’re found at fault, your insurance will cover up to $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $50,000 in property damage per accident.

The complex insurance policies held by generally are much higher – they have more assets to protect, and the likelihood of injury after a wreck is greater.  These policies often cover a million dollars, or more, if injury or death occurs.

The catch is, of course, that the greater the payout, the harder the insurance company will fight to keep it.  Just because the money is there, doesn’t mean you’ll get it without a fight.

Layered Policies that Delay

When you really look at their policies, you notice there are different tiers or levels to these policies as well.  For example, the primary coverage might be $500,000 or $1 million.  But what if you are severely injured and you require more than that?

After that primary coverage is exhausted, an umbrella policy might kick in.  Of course, there could be other structures, clauses, layers, and tiers to deal with as well.

Even if you’re awarded a settlement of $3 million, it’s not as easy as getting a $3 million check.  Multiple layers often mean multiple insurers.  That means each company gets a chance to delay, deny, or otherwise devalue your claim.

Aggressive Insurance Adjusters

Any time a large settlement is on the line, you will be faced with aggressive adjusters and agents that aren’t on your side.

They will delay responding and offering a settlement.  The goal is to wear you down – you need compensation to recover, and they know it.  The hope is that you accept a settlement that is lower because it’s available now.

They might deny liability outright.  They blame the victim, dispute fault, claim other factors were involved, or that it was a third party that was actually at fault.

They’ll wear you down by requesting more paperwork than necessary, or medical exams.  They’ll claim they never received items and you’ll have to send them again.  These are all in an effort to stall negotiations.

Finally, the insurance company will devalue your claim.  If you claim $1 million, they might counter with $50,000 saying that the extent of your injuries isn’t that severe.  It’s then a back and forth as they hope you get so desperate you take the lowball offer.

Why You Need Herbert Law Group

Those complex insurance policies have one job: to protect the company behind them.  They don’t care about the victims; they don’t care about lowballing victims.

Herbert Law Group, however, does care.

And we are here to fight on your behalf so you get the maximum compensation after your wreck.  Compensation that will provide you justice, meet your needs, and ultimately help you heal.

Let’s talk about what happened.  A free phone call to 214-414-3808 and we’ll figure out how we can help, and how you can rest easier knowing our team is on it.  No time for a call right now?  Fill out our contact form, and we’ll be in touch with you soon.

Commercial Vehicles Aren’t Just 18-Wheelers

When you hear the words “commercial vehicle wreck” what do you think of?  Most people imagine a massive, fully-loaded, semi-truck crushing down on them.  The reality, however, is that more and more serious accidents are caused by smaller commercial vehicles; including delivery vans, box trucks, and even gig economy drivers.  With the increase in online shopping, Amazon, UPS, FedEx, Uber Eats, and others have a lot of commercial rigs on the roadways.  The Car Crash Captain looks at what’s going on, how you can stay safe, and what to do if you’re involved in a wreck with a commercial vehicle in Texas.

The Rise in Commercial Vehicles

Multiple factors have increased the number of delivery vehicles on the roads.  While semi-trucks are still used heavily, they’re often for interstate travel and to move large quantities of goods from factories to warehouses.  Once there, however, companies rely on the smaller rigs for localized transport.

Since the COVID-19 pandemic, more and more deliveries have hit the roads with companies like Amazon leading the way.  Amazon realized it was more efficient to do their own deliveries (rather than rely on shipping companies), and thus over 100,000 branded delivery vans are out in force nearly every day of the week.

Gig economy – which is freelancing including driving like deliveries through Uber or transporting people – continues to grow as well.  About 60 million Americans freelance or do gig work.  Many of them are behind the wheel delivering products, people, or packages.

With minimal training, tight schedules, and deadlines, these drivers can often hit the roads without being fully prepared to actually hit the roads.

The Legal Issues of Commercial Vehicle Wrecks

There are numerous factors that pop up with a commercial vehicle wreck.  Like a crash with a big truck, liability isn’t always straightforward.

Is the driver independent, or an employee?  If they’re driving for Amazon, using an Amazon truck, it might be that Amazon is liable.  But if they’re driving for DoorDash, who is the liable party?

What kind of insurance does the driver carry?  Personal policies often won’t cover when driving for pay – and some drivers skip out on the proper insurance so they can make more money.

Is the vehicle classified as a commercial vehicle?  Here in Texas, the definition of a commercial vehicle depends on the use and weight, not necessarily the employer.  So, a delivery van transporting goods might be considered commercial, but a passenger vehicle delivering people might not.

How to Stay Safe on the Roads

With all of these “new” drivers on the road, how do we stay safe?  What do we do so we can ideally avoid a wreck, but also receive compensation if we are hit?

• Pay attention: many wrecks can be avoided by the victim paying more attention.  We can’t control the at-fault driver’s behavior, but we can control our own.
• Avoid commerce routes: if possible, stick to the streets where trucks and vans aren’t heavily using.
• Be insured: you can get a policy that will provide compensation if the other driver doesn’t have the right insurance.
• Know your rights: you have the right to an attorney.

What to Do After a Wreck

With all wrecks, the first thing is to ensure safety.  Clear the area, call the police, get medical attention.

Then, get in touch with Herbert Law Group.  If you’re injured, your number one priority should be to recover from those injuries.  You shouldn’t have to be worried about fighting with insurance companies, discovering liability, and dealing with adjusters.  Let us handle that.

All you have to do is call us at 214-414-3808, or fill out our contact form, and we’ll figure out what needs to be done to get you the justice you deserve.

How Likely Are You to Die in a Truck Accident?

Let’s assume that you’re in a wreck with a big rig.  Are you more likely to survive, or pass, as a result of injuries sustained in that accident?  Today, the Car Crash Captain is looking at truck accident fatalities – the truth about sharing the road with commercial vehicles.

Big Rigs on Our Highways

There are around 13 million trucks on the roads in the US – about 3 million of them are semi-trucks.  That’s about 4.5% of vehicles out there (1% if only counting semi-trucks).  However, trucks account for 10% of fatal vehicle accidents.

Factors Contributing to Truck Accident Fatalities

The biggest reason there are so many more fatal truck wrecks comes down to one factor.  They are so much bigger than the average passenger vehicle.

A fully loaded semi-truck clocks in at as much as 80,000 pounds.  A passenger car weighs just 3,000 to 4,000 (SUV’s and pickups can be a bit heavier).  Just like if you and a toddler collide, the toddler will sustain more damage than you do as an adult – the smaller vehicle will sustain more damage and the occupants inside are more likely to be injured or killed.

Combine that size disparity with other factors like:

• Blind spots: big rigs have larger blind spots than smaller vehicles.
• Braking distance: big rigs require more distance to stop and bad rear-end wrecks can occur.
• Driver fatigue: commercial drivers are on the road for a long time; drowsy driving can be an issue.

And the result is that wrecks are often much more severe with trucks, and lead to truck accident fatalities more often.

Common Causes of Truck Wrecks

While technology is improving, the fact remains that there are still a lot of crashes on US roadways every year (some 400,000 truck accidents occur every year).  And a lot of those crashes boil down to driver negligence.

• Distracted Driving
• Impaired Driving
• Unsafe Driving

And sometimes it’s a third party that’s negligent.

• Mechanical Failures
• Improper Loading
• Illegal Management

Inexperience leads to a higher risk of causing fatal truck accidents as well.

How to Protect Yourself on the Roadways

There’s not a lot you can do about another driver who is driving distracted, impaired, or unsafely.  We have to hope that every driver out there is looking out for the best interest of others on the road.  However, you can protect yourself by being vigilant and driving defensively.

• Avoid driving in blind spots.
• Maintain safe distances
• Give more room in adverse weather
• Stay extra aware
• Maintain your own vehicle

By doing a little extra, you can often spot an unsafe driver before they become an issue to your own safety.

Herbert Law Group is on Your Side

Trucking is an important part of the US economy.  Without trucks moving goods back and forth, our shelves would be empty, fewer jobs would be available, and our favorite products wouldn’t be found.

If involved in a wreck, however, the trucking companies are going to protect their own interests first.  They don’t want costs to increase, and they don’t want to pay out large settlements.  So, they have teams that work hard to ensure a settlement for a truck wreck is as low as possible.

Herbert Law Group is on your side.  Have you been injured in a truck wreck?  Has a loved one died in an accident with a semi-truck or other commercial vehicle?  Then you need to be compensated fairly.

Let’s talk about what happened, and see how we can help.  Call our offices at 214-414-3808, or fill out our contact form and we’ll be in touch with you for a free conversation on how we can help.