Nationally recognized truck accident attorney and partner of Cowen Rodriguez Peacock, Michael Cowen, specializes in truck and commercial motor vehicle accident litigation. Michael has tried over 120 jury trials and dealt with thousands of personal injury cases, even achieving several multi-million-dollar results for clients.
In addition to his tenure in the courtroom, he authored the book Big Rig Justice: A Comprehensive Guide to Maximizing Value in Truck Accident Cases, which is a leading resource for attorneys handling truck wreck cases. He also founded and hosts Cowen’s Big Rig Bootcamp, which is an annual conference that brings together legal professionals to educate themselves on his strategies for winning commercial motor vehicle cases.
Early in his career, he joined the nation’s oldest and prestigious corporate law firm in New York City, before he realized his true calling was not to represent corporations, but individuals. He has dedicated his career to personal injury law since 1997.
Michael’s experience fighting for victims of trucking accidents has made him an expert in this area of law. He recently spoke with attorney David W. Craig on his podcast After the Crash, sharing with viewers his experiences with these cases and how important it is to always prepare these cases to go to trial.
The video episode is available now on YouTube. You can listen on Spotify, Amazon or other podcast-streaming services.
Get to Know the Guest: An Experienced Trial Lawyer
Michael is board-certified in truck accident law and personal injury trial law by the National Board of Trial Advocacy, accredited by the American Bar Association, with a top score on the Texas Bar Exam. He is licensed to practice law in Texas, New Mexico, New York, and Georgia, in addition to federal courts across multiple states. His success in litigating truck accident cases across the country has earned him national recognition, and he continues to hone his skills and work with the nation’s top trial coaches and consultants.
When he isn’t trying cases, he also hosts the Trial Lawyer Nation podcast to contribute to legal education and community knowledge. Michael is also the current Chair of the Academy of Truck Accident Attorneys and frequently speaks at conferences.
Key Takeaways from Episode 67: Truck Accident Clients Deserve Attorneys that Will Take Cases to Trial
Throughout his experience as a personal injury and truck accident attorney, Michael has found that most clients do not want to go to trial. In fact, only 3-5% of personal injury cases do go to trial. However, preparing a case for trial can show trucking companies that an attorney is willing to go in front of a judge and/or jury if it means achieving a more favorable outcome for their client.
Below are some key takeaways from this month’s episode of After the Crash.
- Preparing to go to trial will put more pressure on companies to give victims the settlement they deserve.
Some trucking companies only carry the minimum amount of insurance required — $750 thousand or maybe $1 million policies. But in both David and Michael’s experience, this is not nearly enough to cover the harm that is caused for many clients.
Many truck wrecks result in catastrophic injuries or even death. Victims may have large medical bills, potential future medical expenses, and families are often left with their sole income provider unable to work to support the family. Once the attorneys have determined the overall value of a case, they find that the amount the insurance covers is not nearly enough to make up for the losses that result from the wreck.
However, if you hire an attorney that is not willing to take your case to trial and fight for the full value of the case, the companies on the other side don’t feel any real pressure to properly compensate accident victims. They know they may pay more money if the case goes to trial, but if the attorney you’ve hired won’t go to trial, then the trucking company and their insurance companies likely will never offer a fair settlement.
When an attorney has a reputation of taking these companies to trial, the insurance company must treat you fairly or face the jury. On the podcast, Michael explains that he has seen settlements go up to 6x higher than the original offer the client has an attorney who will go to trial.
- Trucking companies and their insurance companies know which attorneys are willing to go to trial and proceed accordingly.
Additionally, trucking companies are aware of and keep track of which attorneys are not willing to go to trial. As a result, they know they can offer a lower settlement with minimal consequences.
When an attorney prepares to take truck accident cases to trial, that includes gathering all the evidence necessary to prove to a jury that the trucking company or driver was at fault and the value of a case is justified.
But hiring an attorney that does not prepare cases for trial means they are not doing everything in their power to ensure your case is valued properly. Trucking companies and insurance adjusters are aware of which attorneys are more likely to settle and ultimately offer lower and lower settlements until the lawyer gives up.
You need to hire a trial attorney to ensure you receive the settlement you deserve.
- Taking trucking companies to court can lead to changes in company standards.
There are clients who, in both David and Michael’s experience, care more about enacting change within the trucking industry than they do about their settlements.
Sometimes, truck wrecks are a result of the trucking companies’ negligence or policies that do not create a culture of safety for their drivers. David has had clients that want to go to trial so they can tell their story. They refuse to settle unless the company adopts safety measures. One example was a woman who was prepared to go to trial. Before she would settle, she insisted that the truck company change their sleep and sleep apnea policies.
Overall, the choice to go to trial is up to the client. But one of the best ways to make trucking companies less likely to make these devastating mistakes in the future is to force them to pay substantial money when they do substantially bad things. You want an attorney who is concerned about what their clients want.
After the Crash Podcast: A Legal Resource for Truck Wreck Victims
After the Crash is currently ranked No. 4 in personal injury podcasts. It is the highest-ranked podcast focusing on personal injury resulting from commercial vehicle and truck wrecks.
The podcast was launched nearly five years ago, in the fall of 2020, by attorney David W. Craig. It educates and empowers listeners in a digestible format. It is primarily aimed at the victims and the families of victims of semi or other large truck accidents.
It is David’s goal to equip listeners with the knowledge necessary to navigate this tough time in their lives. Anyone — truck wreck survivors, legal professionals, healthcare workers, and anyone in between — can tune into After the Crash for free.
A new episode is released monthly, featuring a guest with an important perspective. In each episode, David interviews individuals involved in commercial motor vehicle cases, or experts whose skills are crucial to understanding trucking cases.
Episodes are posted on YouTube, Spotify, Amazon and Apple Podcasts, and the Craig, Kelley & Faultless website.
Injured in a Truck Accident? Craig, Kelley & Faultless Can Help
Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims and their loved ones involved in commercial vehicle wrecks through every aspect of their case. Both attorneys David W. Craig and Scott A. Faultless are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team that works with investigators, reconstructionists and mechanics who immediately collect evidence as soon as the firm is hired.
Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.
Reach out for a free case consultation today at (888) 253-5198 or online.
David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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