Trucking accidents are often devastating and can lead to severe injuries, property damage and even fatalities. After an accident involving a commercial truck, victims may find themselves struggling not only with the physical and emotional aftermath but also with the legal complexities that follow. One of the most frustrating challenges victims face is that trucking companies often employ various tactics to avoid liability, making it harder for accident victims to receive fair compensation.
In this blog, we’ll discuss how trucking companies avoid liability after an accident and what you can do to protect your rights and ensure justice is served.
How Trucking Companies Avoid Liability
- Disputing Fault and Blaming the Victim
One of the first tactics trucking companies use is to dispute fault after an accident. They may attempt to blame the other driver, point to road conditions or weather, or argue that the truck driver was following standard protocols and the crash was unavoidable. In some cases, they may claim that the passenger vehicle driver was at fault.
Trucking companies will also try to challenge witness testimony and seek ways to create doubt about who caused the accident, hoping to shift the blame away from the driver or the company.
- Limiting Compensation Through Insurance Claims
Trucking companies usually carry substantial insurance policies, but they use these policies to limit payouts. After an accident, insurers may delay or deny claims, offer minimal settlements or dispute the severity of the injuries sustained.
In many cases, trucking companies will try to settle the case quickly, offering victims an amount that seems like a fair solution. However, these early offers rarely reflect the full extent of the victim’s injuries and long-term financial impacts.
- Offering Quick Settlements to Pressure Victims
Trucking companies know that victims may be in financial distress and eager to settle quickly. By offering fast settlements, they can avoid lengthy litigation and significantly reduce their financial liability. However, these offers often fail to account for the long-term medical costs, lost wages, and pain and suffering the victim may experience.
It is crucial to never accept a quick settlement before fully understanding the extent of your injuries and future needs.
- Underreporting or Concealing Evidence
Trucking companies may also attempt to conceal or underreport important evidence. For example, they may fail to provide the truck’s black box data, which records key information like speed, braking, and driver behavior. This data is essential for understanding the cause of the accident.
Additionally, companies might pressure truck drivers to falsify records related to driving hours or fatigue. Without access to this critical data, it becomes difficult for accident victims to prove liability.
- Challenging the Severity of Injuries Trucking companies and their insurers often challenge the severity of a victim’s injuries. They may hire medical experts who argue that the injuries are not as serious as claimed. This tactic is meant to reduce the compensation owed to the victim.
Contact an Experienced Trucking Accident Attorney
The most important step you can take after a trucking accident is to hire an experienced attorney. A skilled personal injury lawyer who specializes in trucking accidents will be familiar with the tactics trucking companies use and can help gather essential evidence to support your case. An attorney will also handle negotiations with the trucking company’s insurance company to ensure that your rights are protected.
Collect Evidence Immediately
After the accident, gather as much evidence as possible. Take photographs of the scene, get witness statements, and request any available truck data, such as the driver’s logs, black box data and maintenance records. The sooner this evidence is gathered, the better, as trucking companies may attempt to alter or hide it.
Do Not Accept an Early Settlement
Never accept an early settlement offer from the trucking company or its insurer without first consulting an attorney. These initial offers are usually much lower than what you are truly entitled to. Work with your attorney to evaluate the full extent of your injuries, medical costs, and long-term expenses before agreeing to any settlement.
Keep Detailed Records of Medical Treatment
Maintain a thorough record of all medical treatments and associated expenses. This will help establish the full extent of your injuries and demonstrate the cost of your care. Detailed medical records are crucial when fighting for compensation.
Report the Accident to Authorities
Always report the accident to local authorities, especially if there is significant damage or injury. A police report will document the incident and can serve as evidence in your case.
Contact the Trucking Lawyers at the Dinizulu Law Group
Trucking companies often use tactics such as disputing fault, offering quick settlements and concealing evidence to avoid liability after an accident. However, with the right steps and an experienced attorney on your side, you can fight back against these tactics and secure the compensation you deserve.
If you or a loved one has been involved in a trucking accident, the Dinizulu Law Group is here to help! Our team of experienced attorneys is dedicated to representing victims of trucking accidents and holding negligent companies accountable. Contact us today at (312) 384-1920 for a free consultation and to learn more about your legal options.
