What Insurance Companies Don’t Want You to Know About Truck Accident Cases (VIDEO): Insights From Kevin Swenson | Law Leaders Masterminds

Every year, over 500,000 truck accidents occur in the United States, with a third resulting in injuries, many of them severe or fatal. Understanding the complexities of these accidents can make a significant difference in the outcome of a case, especially when dealing with insurance companies that might not have your best interests at heart.

In a recent episode of the Legal Masterminds at Law Leaders podcast, Dustin Ruge interviews Kevin Swenson, a top-rated board-certified truck accident attorney from Swenson and Shelly Law Firm, which serves Utah, Arizona, and Idaho. Together, they delve into the five crucial things that insurance companies won’t tell you when you’re involved in a truck accident. Here’s a breakdown of the key points they discussed, offering valuable insights for anyone facing such an unfortunate event.

1. It’s Not Just About the Truck Driver

One of the most important things to know about truck accident cases is that liability often extends far beyond the truck driver. Kevin Swenson explains that while in a typical car accident, the focus is usually on the driver, in truck accidents, other parties may share responsibility. These can include:

• The company that owns or leases the truck
• Companies responsible for maintaining the truck, especially if mechanical failure is involved
• The shipper or broker, who may have hired a driver with a poor safety record

This complex web of potential defendants can make truck accident cases much more challenging to navigate. Insurance companies often focus solely on the driver, but identifying all liable parties is essential for a fair outcome.

2. The Importance of Preserving Evidence

Swenson highlights the critical role evidence plays in truck accident cases. Trucking companies are quick to act, often deploying “quick strike teams” to the accident site before law enforcement even arrives. These teams work fast to collect evidence, such as:

• Black box data
• Dashcam footage (both inward and outward-facing)
• Electronic logbooks and engine data
• Telematics from the truck

Failure to preserve this evidence can significantly impact the case. Swenson stresses that accident victims must act quickly to ensure that crucial evidence isn’t destroyed or lost. Interestingly, even a driver’s cell phone records can become part of the investigation, as these records can provide valuable information about the moments leading up to the accident.

3. Unique Rules Apply to Commercial Vehicles

Commercial trucks are governed by a different set of rules compared to regular vehicles. The Federal Motor Carrier Safety Regulations (FMCSR) dictate how trucks should operate, and these regulations are much stricter than the rules for passenger cars.

Swenson provides an example: if it’s raining and a truck could lose traction, the driver must reduce their speed by a third. Insurance companies might argue that the truck was traveling at a safe speed, but they often fail to mention that specific weather-related rules mandate slower speeds under such conditions.

Understanding these regulations is crucial when pursuing a claim, as they often play a pivotal role in determining liability.

4. Insurance Companies Want Quick, Cheap Settlements

It’s no secret that insurance companies aim to settle claims quickly and for as little as possible. They often approach victims while they’re still in the hospital or recovering, offering settlements that may seem appealing but don’t account for the long-term consequences of injuries.

Swenson advises against accepting early settlement offers. Many injuries take time to manifest fully, and it’s essential to wait until you understand the extent of your injuries before agreeing to a settlement. Moreover, the coverage limits for truck accidents are typically much higher than those for regular car accidents, sometimes reaching $750,000 or more. Therefore, it’s essential to be aware of what your case is truly worth.

5. The Value of Working with a Skilled Truck Accident Lawyer

Not all personal injury lawyers have the expertise to handle truck accident cases. Swenson emphasizes that board-certified truck accident attorneys, like himself, possess the specialized knowledge and experience necessary to navigate these complex cases. From gathering and preserving evidence to understanding trucking regulations, a skilled lawyer can ensure that all avenues of liability are explored, and victims receive the compensation they deserve.

Many general practice lawyers may treat truck accidents like any other car crash, which can be detrimental to the case. Swenson’s law firm often receives referrals from other attorneys who recognize the unique complexities of these cases and want to ensure their clients get the best representation possible.

Protect Your Rights After a Truck Accident

Truck accidents are not your average fender-benders. The stakes are much higher, both in terms of potential injury and financial compensation. Kevin Swenson advises that anyone involved in a truck accident should seek experienced legal representation immediately to counter the fast-moving efforts of insurance companies and trucking firms.

Remember, insurance companies have teams working to minimize payouts, and accident victims need a qualified team on their side to level the playing field.

Get Help Today

If you’ve been involved in a truck accident, reach out to Swenson and Shelly Law Firm for expert legal advice. You can also find top-rated, board-certified truck accident attorneys nationwide by visiting LawLeaders.com or calling 1-800-LAW-LEADERS.

By following these steps and understanding the complexities behind truck accident claims, you’ll ensure that you’re taking the right steps toward securing fair compensation and holding the responsible parties accountable.

Dustin Ruge: Every year there’s around half a million truck accidents in the United States, one third of which involve injuries, some serious and even fatal. Today we’re going to be talking to one of the top-rated, board-certified truck accident attorneys in the nation, discussing the five things that the insurance companies don’t want you to know when you’re involved with a truck accident case. Stay tuned for some great information ahead.

Dustin Ruge: Welcome to Legal Masterminds at Law Leaders. Today, joining me is Kevin Swenson of the Swenson and Shelley Law Firm with offices in Utah, Arizona, and Idaho. Kevin has been practicing personal injury law for over 34 years and is a top-rated, board-certified truck accident lawyer. So, Kevin, first off, thanks for joining us today.

Kevin Swenson: Thank you.

Dustin Ruge: Great. So today we’re going to be talking about a topic that I’m sure a lot of people are going to want to learn about, which is: What are the top five things that insurance companies don’t tell you after a truck or commercial motor vehicle accident? So, we’ve created a list of five of those with you, Kevin, and what I’d like to do today is to go through each one of those in a little more detail. So, the first one is, “It’s not just about the truck driver.” Help us understand what that means exactly.

Kevin Swenson: Yeah, absolutely. In a typical car crash case, you’ve got a driver against an injured person. In the commercial motor vehicle space, you’ve got a lot of other players involved. You’ve got the driver, the company that owns the truck, maybe a company that leases the truck, depending on what’s wrong with it—if it’s the brakes or out of alignment—maybe a company that does repair work on it. Then, you’ve also got other claims, potentially just for pulling a trailer. Or if you see some of these trucks that have two trailers and you’ve got a dolly in between, they may be insured, and there may be a claim there as well. Depending on the nature of it and how somebody was hired to haul a load, you may have a claim against a broker who picked a bad truck driver to take the load, someone they should have known was better. Occasionally, even against a shipper—they may take on the role as the broker and try to find somebody. And if they pick people with really bad records, they could be on the hook. So, it’s a whole big ball of mess.

Dustin Ruge: Well, it sounds like compared to a regular automobile accident, there’s really a lot of potential parties involved, right?

Kevin Swenson: Exactly.

Dustin Ruge: That’s what a lot of people miss. They might just be pointing a finger at the driver, but to your point, it could be a lot of extraneous factors, including the driver, that could be leading into that.

Dustin Ruge: Absolutely. Alright, great. So, the second thing we want to talk about is evidence and the importance of evidence in a case like a truck accident case compared to, for example, a run-of-the-mill automobile accident case. So, help us understand a little bit more in that detail as well.

Kevin Swenson: Yeah, so if there’s a truck crash, the trucking company is going to be on the scene very, very quickly. Most of the time, their drivers are taught to call dispatch before you call 911. So, they’ll call dispatch and say, “Hey, I got in a crash,” and all of these insurance companies have a quick strike team—somebody that’s going to get out there quickly, start interviewing witnesses, maybe take things off the truck. Everybody’s heard of a black box, and a truck will have that. But most trucks anymore also have dash cams—some facing the road, some facing in. They have logbooks that are electronic, engine data, and many have separate telematics equipment so the shipper can track exactly where their load is at any time. There’s a ton of electronic data that, if you don’t get right away, you may lose it. Some older trucks, if you pump your brakes three times, you can wipe out what was on there. They have the advantage of being out there first, so you need to get out there quickly you need to preserve the evidence. Most cars now have black boxes and electronic equipment, so if you’re telling the trucking company, “Hey, we need all your electronic data,” they’ll come back and say, “Okay, did you preserve yours?” You want to make sure you’ve preserved your stuff and make sure you’ve preserved the telephone, they’ve preserved theirs.

Dustin Ruge: That’s amazing. I don’t think most people realize that a truck actually has a black box. I think everybody understands what a black box is in the context of an airplane, but they exist on commercial vehicles as well.

Kevin Swenson: Yeah, so I can look at a black box or the EDR (event data recorder), and it tells you what gear the driver’s in, how fast the driver’s going, if they’re applying brakes or throttle, and what percentage they’re doing it. You can see if they have the throttle all the way to the floor going as fast as he can, if they’re braking hard, or braking softly. All of that information is in there from the time of the crash, and it’s very helpful.

Dustin Ruge: One of the most important things you said was that they’re instructed to literally call their dispatch before they even call 911, correct?

Kevin Swenson: Some of them are, yes.

Dustin Ruge: Okay. Interesting. Obviously, there are preventative reasons for that, right?

Kevin Swenson: Yeah, they get started quickly, for sure.

Dustin Ruge: No doubt. Okay, great. The third thing about insurance companies that they don’t tell you in trucking accident cases is the rules around trucks. Maybe you could help us understand a little better what those rules are and why they different.

Kevin Swenson: An insurance company wants you to think these guys are just driving like you are, following the same rules any car driver follows. But sitting right here on my desk is the Federal Motor Carrier Safety Regulations. You can see the size of that book. This governs commercial motor vehicles and has a lot more information about what they should do to be safe on the roads. For example, there’s a regulation that if it’s raining and you have the ability to lose traction on the road, you need to reduce your speed by a third. But what happens is you’ll talk to an insurance company, and they’ll say, “We’ve got this on dashcam. The speed limit was 65, and we’re going 65.” What they don’t tell you is that they’re supposed to be slowing down by over 20 miles an hour. So, while they can drive 65 when it’s nice and dry, they shouldn’t be doing that when the roads are wet, and there’s traction problems on the road.

Dustin Ruge: And these rules, you mentioned, are federal laws, correct?

Kevin Swenson: Federal rules, correct. Every state has almost the same ones; they’ve adopted most of them. Every state’s a little bit different. In Oregon, they have different rules for logging trucks, and Idaho has different things for farm trucks. So they’re a little bit different. But if you’re doing interstate transportation, these federal rules apply.

Dustin Ruge: Understood. Very good. The fourth thing is what a claim might be worth, and what the insurance company might tell you the claim is worth. Why is that important to understand, and what are the nuances around that?

Kevin Swenson: Insurance companies want you to settle quick and try to get it done cheap. They’ll prefer that you do that before you even know what all the injuries are. They’ll say, “Don’t worry, we’ll pay your medical bills,” and then offer you $5,000 to settle quickly. That has nothing to do with the value of the case, and you won’t know the value until you know what your injuries are. Many offers are made when people are still in the hospital or just getting out, and they still need follow-up care. Insurance companies want quick settlements to close the file and get rid of it.

Dustin Ruge: Another part of that is the difference in insurance coverage between regular auto insurance and trucking insurance. Help people understand that as well.

Kevin Swenson: The minimum limits in many states are $25,000. So, if you hit someone and have insurance, it might only cover $25,000. In trucking cases, the minimum limit is $750,000 if you’re hauling non-hazardous cargo, but if you’re hauling hazardous materials, like gasoline, it’s a $5 million minimum. These limits were set long ago, and there are efforts to raise them, but it’s quite a fight with Congress right now.

Dustin Ruge: Understood. But obviously, that means claims can be much higher in significant injury cases because of the higher insurance coverage, right?

Kevin Swenson: Absolutely. The difference between being hit by a 4,000-pound car and an 80,000-pound truck is enormous, and the likelihood of severe injuries goes up dramatically.

Dustin Ruge: That segues into the fifth area that insurance companies don’t want you to know, which is the skill of the lawyer and how they can help you navigate the process. I think you’ve touched on this, but can you explain what you do, as a board-certified truck accident lawyer, do to help clients get the best results?

Kevin Swenson: Yes, it kind of covers the things we’ve already covered. As soon as we get a call, we send a team to the site to gather evidence, identify witnesses, examine the trucks, and obtain telematics data. We work with the other side to ensure they preserve all that equipment, they’re not taking dash cams out and hiding them. I’ve been to inspections where you can clearly see the spot where a dashcam was suctioned to the windshield, but it’s gone now. You want to get there as quick as you can, protect the evidence, talk to witnesses, and figure out ultimately who the players are. You also need to find out what insurance policies are in play. For example, we had a case where the truck driver only had only $1 million in insurance, but the driver just didn’t stop, and they hit 18 people and six cars. That amount doesn’t go far in such cases. We looked at the shipper and broker to resolve the claims. There are a lot of different things to do to tie it all up. You need to find all the insurances etc. The goal is to ensure the client is taken care of and gets compensated for their injuries.

Dustin Ruge: This sounds much more complicated than your average car accident case.

Kevin Swenson: It is. Unfortunately, many attorneys treat these cases like big car accidents, which isn’t good for the client or for promoting safety and holding people accountable. I’m happy to be board-certified, and it was a big process to get there, but it’s important for clients to work with someone who understands what’s really going on in the trucking industry and how it all fits together.

Dustin Ruge: And I know other attorneys often refer their truck accident cases to you because of your expertise, right?

Kevin Swenson: Yes, we do get many referrals from other attorneys, and we always appreciate that. We can help get the value for the case that the clients need.

Dustin Ruge: Great. We’ve covered the five different areas that insurance companies don’t want you to know about, and I think you’ve done an excellent job explaining them. What would you leave with anyone dealing with a truck or commercial accident case? What else do they need to know that you think would be helpful at this point?

Kevin Swenson: One thing to remember is that the insurance company has a full team working against you, and you need to match that with people that are qualified to take on those claims. Make sure the hidden evidence, like dashcams or witness statements, is uncovered, and ensure you’re properly represented.

Dustin Ruge: Kevin, thank you for joining us today. If someone wants to reach you, what’s the best way to connect with you or your firm?

Kevin Swenson: You can always reach us through our website, where we have live chat, or just give us a call at 866-3-TRUCKS. We’re happy to talk to anyone and walk them through the process.

Dustin Ruge: Thank you, Kevin. And if you’re dealing with a truck accident case in Utah, Idaho, or Arizona, feel free to reach out to Kevin. You can also find other top-rated board-certified truck accident lawyers near you by visiting the Law Leaders membership directory at lawleaders.com or speak to a top-rated member for free at 1-800-LAW-LEADERS. If you liked this video, please click on the like button below. Thanks for watching!

Kevin Swenson: Thank you.

If you or someone you know has been in a truck accident, you can get more information on what you can do to protect your rights and get proper compensation on our truck accident lawyers page.

Law Leaders Editor