Lawsuits?

In your reading, have you noticed that many drivers are unwilling to put forth any real effort into anything? “Which is better between these two…CrEngland or CRST?” @Chinatown will ask them why only those two companies and will give them tons of other options, but because those two companies gave a prehire letter and they don’t have to do anything, they will still go with the garbage. Warn them about the Dollar General accounts, and they will still do it.

Why do I bring this up?

When these guys have an accident, their default setting is to bend over and take it in the rear. Tell them they are not at fault for anything and they will still want to drop their pants. So, for the most part, the trucking industry is easy pickings for sleezeballs, scammers and low end ambulance chasing lawyers. Truck accident? There’s an excellent chance that the driver is a dim witted slacker…

A few years back, there was this female driver that had an accident with another woman. This woman’s husband shows up, acts all big and bad, and the cop tells the driver to stay in the truck and he will take pics for her. Guess what she didn’t have for her insurance?

There’s a thread going right now about some motorist flagging over a driver blaming him for a cracked windshield. Driver asks for feedback and the good people at TTR warn him that is the biggest scam going. After all of that, the driver still wishes that he could contact the motorist and offer cash.

So, when you read these stories on TTR, keep in mind that there’s a good possibility that the driver was unwilling to do the bare minimum to cover his arse.

 

Anyone suing over an accident is after 1 thing - dollar signs.

The chances of a plaintiff spending time and money suing a truck driver vs suing a company insured for $1 million plus is highly unlikely. Possible? Yes. It's also possible to be struck by lightning

 

OP, I don't know how to say this and not come off like some knowitall monster. You sound like a decent person. HOWEVER, you need to stop listening to all these people that don't know their rear from a hole in the ground. Matters of liability can be some of the most complex situations you will ever see. I am NOT referring to this thread or the people making comments. By "these people" I am talking about the fear behind making your question.

OP, what you are doing is listening to horror stories where carriers/drivers are still sued even when declared to NOT be at fault. This does happen, but most of these types of cases fail or are settled by the carrier for small amounts and that settlement will also apply to you. These types of cases while they do happen are in fact rare.

EVEN an at-fault accident almost all the time when the carrier settles part of that settlement is a release of all liability to all parties.

If my words are not enough to give you peace go spend a few bucks and ask a personal injury Attorney!

 

I’m calling the HAMMER!!!

 

Like the bible, "Many are called, few are chosen..." and todays mantra :"Anyone in sight is sued, let the ones that can get out."
However, "Many are sued, few are collected... They are looking for the one's with deep pockets who will settle" as a cost of continuing business.
Small fry usually have the grief of denying everything.

 

The motor carrier's insurance is primary, but you may be named.
Your defense, as a company driver [or contractor] when under dispatch, is provided by the insurance even when they try to get coverage afre a denial.
Example.

Rainy morning. Our unit is southbound on the NJ turnpike, right lane, following an SUV. As the SUV passes the entrance ramp, a pickup coming down the ramp, spins out striking the SUV. Our unit is involved, had no ability to miss the SUV.

SUV owner's insurance claim against our insurance is denied as the pickup's loss of control created a chain reaction.

Evidently the Pickup's insurance denied the claim also, probably saying the big bad truck did more damage than their client's pickup.

Last week I received a copy of the summons that our owner operator received from the SUV owner's lawyer [note not his insurance!] where his wife [the driver] is personally going after the owner of the pickup and our owner operator for Body Injury and the husband's loss of consortium.

We immediately notified the insurance and they have already assigned a lawyer.

Looks like the owners of the SUV [driven away without medical treatment required] has engaged a local ambulance chaser to file suit against the individuals seeking to overturn the denial(s).

In over 40 years I've never seen any driver left standing alone.

 

Accident lawsuits target the company, that's where the insurance money is. Your truck will be equipped with a dash camera, and possibly a camera facing you in the driver seat. I don't know of any truck driver with some sort of personal liability insurance aimed at paying or defending them from such a lawsuit from a4-wheeler. Most of the screwing of truck drivers comes from the trucking company they work for and the customers.