How Trucking Companies Avoid Responsibility For Accidents

When truck accidents occur, some trucking companies go to great lengths to avoid taking responsibility for the damages and injuries that follow. These tactics can complicate the process of securing compensation for victims. Below are some of the most common ways trucking companies attempt to escape liability.

Shifting Blame to the Driver

One of the most common strategies used by trucking companies is to shift the blame entirely onto the truck driver. While the driver may have been at fault in some way—such as speeding or driving while distracted—the company itself may have also contributed to the accident through poor hiring practices, inadequate training, or forcing the driver to violate hours of service regulations (federal law).

Destroying or Withholding Evidence

Trucking companies can violate the law by attempting to hide or destroy evidence that could prove their negligence in an accident. Critical pieces of evidence, such as driver logs, black box data, and vehicle maintenance records, can be key to establishing liability. These records often show whether the driver had exceeded legally allowed driving hours, whether the truck was properly maintained, or whether the vehicle was speeding at the time of the accident.

To prevent evidence from being destroyed or altered, victims or their attorneys often issue a spoliation letter, which formally requests that all relevant records and data be preserved. Without a spoliation letter, trucking companies might conveniently “lose” records or claim they were not required to keep them beyond a certain timeframe.

Denying Employment Relationship

Some trucking companies avoid responsibility by denying that the truck driver involved in the accident is their employee. Instead, they may claim the driver is an independent contractor. This distinction is important because companies are generally liable for the actions of their employees but may not be held accountable for the actions of independent contractors.

Low Settlement Offers

Trucking companies and their insurers may try to quickly resolve an accident claim by offering and trying to pressure you into accepting an unfairly low settlement. They hope you will accept it and release them from further liability before realizing the full extent of your harm and losses. These early offers often fail to account for long-term medical expenses, lost wages, or the pain and suffering you have endured.

Delaying Legal Proceedings

Another common tactic is to delay the legal process, hoping the victim will become frustrated and settle for less than they deserve. Trucking companies may use various strategies to drag out the case, such as filing excessive motions or disputing minor details. This can be financially and emotionally exhausting for victims, who may need immediate compensation to cover medical bills and lost income.

How a Lawyer Can Help

An experienced Beaumont truck accident lawyer can protect you from the tactics used by trucking companies to avoid responsibility by thoroughly investigating the case, gathering critical evidence, and ensuring it is preserved through legal tools like a spoliation letter. They can challenge attempts to shift blame solely onto the driver or deny the employment relationship by proving the company’s involvement in the accident. Additionally, an attorney will negotiate on your behalf to ensure your rights are protected and that you receive the full compensation you deserve.