Why Trucking Companies May Try to Avoid Liability After a Crash

Accidents involving large commercial trucks often result in severe injuries and significant financial losses. When a trucking company faces the possibility of liability, it may go to great lengths to protect itself, including tactics designed to minimize its legal and financial exposure. Understanding these strategies can help injured victims and their attorneys build stronger cases after a truck accident.

Common Tactics Used to Avoid Responsibility

Trucking companies have extensive resources at their disposal. When an accident occurs, they often act quickly to control the narrative. Some of the most common tactics include shifting blame to other parties, delaying the investigation, and disputing the severity of the victim’s injuries.

When placing fault on the driver of the smaller vehicle, trucking companies may argue that the driver was speeding, changing lanes recklessly, or distracted at the time of the accident. If they can create doubt about their truck driver’s role in the crash, they may reduce their liability.

Another frequent strategy is blaming an independent contractor or a third party. Many trucking companies hire independent drivers or contract out vehicle maintenance. If they can argue that another entity is responsible, they may attempt to distance themselves from the accident.

Destroying, Withholding, or Failing to Preserve Critical Evidence

Evidence plays a crucial role in determining fault after a crash. Some trucking companies take steps to hide or destroy key information. This can include erasing data from electronic logging devices (ELDs), failing to preserve dashcam footage, or even altering driver records. Even if these actions are taken unintentionally, losing this evidence is critical.

ELDs track driving hours, speeds, and rest periods. If this data reveals that a driver exceeded the legal driving hours or was fatigued at the time of the crash, it could be damaging to the company. In some cases, trucking companies may delete, manipulate, or simply fail to preserve these records.

Similarly, truck maintenance records can be an important piece of evidence. If a company failed to properly maintain its vehicle and a mechanical failure contributed to the accident, it could be held liable. Some companies attempt to delay providing these records or claim they were not preserved to avoid responsibility.

Delaying the Legal Process

Trucking companies know that time is on their side. The longer a case drags on, the more difficult it becomes for victims to gather evidence and build a strong case. Delaying tactics can include refusing to respond to legal requests, filing unnecessary motions, or prolonging settlement negotiations.

Insurance companies representing trucking businesses may also pressure victims into accepting low settlements. They count on financial stress forcing injured individuals to accept less than they deserve. By drawing out the process, they increase the likelihood that a victim will settle for an unfair amount just to move forward.

Using Corporate Shell Games to Avoid Accountability

Some trucking companies operate under multiple business names to shield themselves from liability. When a lawsuit is filed, the company may claim that the truck involved in the crash was owned by a different entity. This tactic can make it harder for victims to determine who is truly responsible.

In some cases, companies may dissolve one business entity and form a new one to avoid paying out claims. This is particularly common when a trucking company has a history of violations or accidents. By constantly shifting ownership and names, they attempt to avoid legal consequences.

How Victims Can Protect Their Rights

Those injured in truck accidents should take immediate steps to preserve their right to compensation. Seeking medical attention right away is critical, not just for health reasons but also to document injuries. Delaying treatment can give insurance companies an opportunity to argue that the injuries were not related to the accident.

It is also important to gather as much evidence as possible. This includes taking photos of the crash scene, obtaining witness statements, and securing a copy of the police report. Trucking companies have their own investigators working quickly to build their case, so victims must act promptly to ensure their side of the story is preserved.

Working with an experienced truck accident attorney is often the best way to level the playing field. A lawyer can take legal action to require trucking companies to preserve any potentially relevant evidence, demand records before they disappear, and hold responsible parties accountable. They can also negotiate with insurance companies to ensure victims receive fair compensation instead of accepting inadequate settlement offers.

Holding Trucking Companies Accountable

Trucking companies have a legal responsibility to ensure their drivers are trained, their vehicles are maintained, and safety regulations are followed. When they prioritize profits over safety, they should be held accountable. While these companies have powerful legal teams, victims have rights and legal options to fight back.

If you or a loved one has been involved in a trucking accident, do not let the company shift blame or delay justice. Taking swift action can make a significant difference in securing the compensation needed for medical expenses, lost income, and long-term recovery. Seeking legal guidance as soon as possible can help ensure that trucking companies are held responsible for their actions. The experienced attorneys at Ward and Smith can help you navigate this challenging process. Contact us today to let us help you get the justice you deserve.