Too Many Denials
I am seeing a lot of trucking cases where the police report has the truck company driver at fault. A police report is inadmissible at trial because it is hearsay. I’ll be the first one to tell you I don’t always agree with police reports. However, there are an awful lot of liability denials from trucking companies where their driver is at fault on the police report. A disproportionate amount to what I see on car crash cases.
When a trucking company denies liability and I believe my clients set of facts I file a lawsuit. Usually the at fault driver is an out of state resident. This means that I can sue them by filing service on the Kentucky Secretary of State. This is way better than tracking down an out of state defendant.
Suing an Out of State Driver
The lawsuit I’m filing today is against an Indiana Driver and Indiana Corporation. The insurance adjuster for the other side told me this is a “he said, he said” crash. My client had a passenger in the car so I asked the adjuster if her evaluation considered the passengers position. Crickets. I sent a follow up letter. More crickets.
Crickets = Lawsuit in my book. As a result, I’m filing another lawsuit at the Jefferson County Circuit Court in Louisville, Kentucky against an out of state truck driver. The defense will remove the case to federal court. Some people don’t like federal court. I don’t have any issues and have been impressed with my prior experience.
Litigation Keeps Insurance Companies Honest
Litigating cases like these is important. I get calls about every other day from a person who tells me their lawyer dropped the case. In my estimation this happens when there are too many billboard lawyer and not enough court room lawyers. There are also law firms that do not litigate cases. I’ve tried four cases in Jefferson County, Kentucky this year, but maybe this out of state adjuster doesn’t know. Time for her to find out 🙂
Advertising Material for truck crash lawyer Brian Dettman and www.louisville-injury-lawyer.com.
