Accidents involving large commercial trucks can result in life-changing consequences for those involved. Victims often face serious injuries, significant medical bills, and long-term recovery challenges. However, trucking companies and their insurers frequently use various tactics to reduce or avoid liability after accidents. Understanding these strategies can help victims protect their rights and pursue fair compensation. If you or a loved one has been involved in an accident with a big rig, seeking guidance from an Indianapolis truck accident lawyer can be an essential first step toward justice.
Shifting Blame to Other Parties
One common way trucking companies avoid liability is by trying to shift blame onto other parties. Their legal teams may argue that the accident occurred because of the driver of the passenger vehicle, road conditions, or even a cargo loading mistake or defect in the truck.
Trucking companies often hire expert witnesses to reconstruct the accident and support these claims. These reconstructions can sometimes paint an inaccurate picture that puts the fault on you instead of their driver. By directing attention away from their own negligence, the trucking company aims to reduce its responsibility or eliminate it altogether.
Destroying or Concealing Evidence
Trucking companies are legally required to maintain accurate records that can play a critical role in proving liability, such as driver logs, maintenance records, and black box data. Unfortunately, these companies sometimes destroy or hide this evidence to weaken your case.
Federal regulations require truckers to record their driving hours, but companies that face liability may alter or erase these logs to cover up violations of hours-of-service rules.
Additionally, black box data, which captures important details like speed and braking patterns, can mysteriously disappear if not preserved quickly after an accident.
Working with a legal professional ensures the timely preservation of evidence through legal procedures like filing a spoliation letter, which demands that the trucking company retain all relevant information.
Minimizing Driver Responsibility
Trucking companies will often try to distance themselves from the driver’s actions to avoid liability. One method is to argue that the driver was an independent contractor rather than an employee of the company. By claiming they are not responsible for the driver’s actions, the company shifts the burden of liability elsewhere.
This tactic makes it harder for victims to hold the company accountable for negligent hiring, inadequate training, or unsafe work practices. Understanding the relationship between the trucking company and its driver is crucial to counteracting this defense.
Using Insurance Adjusters to Undermine Claims
After an accident, insurance adjusters working for the trucking company will often contact victims to collect statements. These conversations may seem helpful, but they are frequently designed to reduce the value of your claim. Adjusters might ask leading questions to trick you into admitting fault or downplay the severity of your injuries.
They may also pressure you to accept a low settlement offer quickly, knowing that victims are often overwhelmed by medical bills and other financial burdens. Consulting an attorney before speaking with an insurance adjuster is vital to protect yourself from these tactics.
Common Tactics Used by Trucking Companies to Reduce Liability
Trucking companies often employ multiple strategies to weaken or dismiss claims. Being aware of these tactics can help you prepare:
- Blaming the victim: Arguing that you caused the crash through reckless or distracted driving.
- Highlighting road hazards: Pointing to weather conditions, construction zones, or poor signage to deflect responsibility.
- Disputing injuries: Claiming your injuries are exaggerated or unrelated to the accident.
- Delaying legal proceedings: Drawing out the case to frustrate or financially drain victims into accepting less compensation.
Each of these strategies is aimed at reducing the company’s financial liability while leaving victims to handle the burden of recovery.
The Importance of Legal Representation
Trucking companies and their insurers are experienced in handling accident claims and have vast resources to support their defense. Victims, however, are often left to navigate these challenges alone. Hiring a skilled attorney levels the playing field and ensures your rights are protected.
A savvy truck accident lawyer will investigate the accident thoroughly, gathering evidence such as black box data, maintenance records, and eyewitness testimonies. They will also negotiate with insurance companies for you, ensuring you are not taken advantage of during the claims process.
With legal assistance, you can build a strong case to hold the negligent party or parties accountable, whether it is the driver, the company, or even the manufacturer of a defective truck component.
Take Action Today: Protect Your Rights After a Truck Accident
If you or someone you know has been involved in a severe accident with a commercial truck, do not face the challenges alone. Understanding how trucking companies avoid liability is the first step to ensuring you receive adequate compensation. Consulting an Indianapolis truck accident lawyer can make all the difference in pursuing justice.
Do not let trucking companies and their insurers take advantage of you. Consult with an attorney today to learn your rights and take the required steps to hold those responsible accountable for their actions.
