How Trucking Companies Try to Avoid Liability After an Accident
Trucking accidents can be devastating, often leading to serious injuries, costly medical bills, and emotional distress. In Texas, where highways are filled with commercial trucks transporting goods across the country, accidents involving big rigs are unfortunately common. While many trucking companies operate responsibly, some take extreme measures to avoid liability when an accident occurs. If you've been involved in a trucking accident, it's important to understand the tactics these companies use so you can protect your rights and seek the compensation you deserve.
1. Blaming the Other Driver
One of the most common strategies trucking companies use after an accident is shifting the blame onto the other driver. They may argue that the passenger vehicle driver was at fault, even if the truck driver was clearly negligent. Their legal teams and insurance companies often claim that the other driver was speeding, distracted, or engaging in reckless driving behaviors.
In some cases, they may try to use police reports, witness statements, or even dashcam footage to build a case against the victim. If you are involved in an accident with a commercial truck, it’s crucial to gather as much evidence as possible, including photos, videos, and eyewitness accounts. If possible, obtain traffic camera footage or recordings from nearby businesses to prove what really happened.
2. Destroying or Altering Evidence
Evidence plays a significant role in determining fault in a trucking accident, and some companies may go to great lengths to hide or tamper with it. Key pieces of evidence, such as driver logs, black box data, and maintenance records, can reveal whether the company or driver violated safety regulations. Unfortunately, trucking companies sometimes delay handing over this information or, in extreme cases, alter or destroy it to avoid liability.
Federal laws require trucking companies to keep records for a specific period, but if a lawsuit or claim is not filed in time, some companies may take advantage of the situation by getting rid of crucial documents. If you’ve been in a truck accident, acting quickly is essential. Hiring an experienced truck accident attorney can help ensure that all necessary evidence is preserved before it can be lost or destroyed.
3. Delaying the Claims Process
Many trucking companies and their insurance providers use delay tactics to frustrate victims into accepting low settlements or even dropping their claims. They may take their time responding to accident reports, drag out investigations, or make endless requests for additional documentation, knowing that medical bills and other expenses are piling up for the victim.
The longer they delay, the more pressure they put on accident victims to settle for less than they deserve. This is especially concerning for individuals who are unable to work due to their injuries and are struggling financially. To avoid falling into this trap, accident victims should stay persistent, document every communication, and seek legal help as soon as possible.
4. Denying Employment Relationships
Another common tactic is for trucking companies to claim that the truck driver involved in the accident was not actually their employee. Instead, they may argue that the driver was an independent contractor, a leased driver, or working for another company at the time of the accident. This strategy is designed to shift responsibility away from the trucking company, making it harder for accident victims to hold them accountable.
While some truck drivers do work as independent contractors, many are misclassified to protect companies from liability. An experienced attorney can investigate the driver’s employment status, review contracts, and determine whether the trucking company should still be held responsible for the accident.
5. Hiding Safety Violations
Trucking companies are required to follow strict federal and state safety regulations, including limits on driving hours, routine maintenance requirements, and proper driver training. However, some companies cut corners to maximize profits, leading to unsafe practices that put other drivers at risk. When an accident occurs, they may try to hide any past violations that could make them look negligent.
For example, if a truck driver was overworked and exceeded the legal driving hours, the company might falsify logbooks to make it seem like they followed the rules. If poor maintenance led to a mechanical failure, they might attempt to cover up the real cause of the accident. Victims and their legal teams must request detailed records and investigate whether safety violations played a role in the crash.
6. Using Insurance Company Tactics
Insurance companies representing trucking companies often work aggressively to minimize payouts. After an accident, they may quickly reach out to victims with a low settlement offer, hoping they will accept it before realizing the full extent of their injuries and damages. These offers might seem tempting, especially when medical bills and repair costs are overwhelming, but they are usually far less than what the victim actually deserves.
Insurance adjusters may also downplay injuries, suggesting that they were pre-existing conditions or not as severe as claimed. They might even try to get accident victims to make statements that can later be used against them. It’s always best to avoid discussing the details of the accident with the trucking company’s insurance representatives until you have legal representation.
7. Pressuring Drivers to Change Their Stories
Truck drivers involved in accidents may be pressured by their employers to change their statements in order to protect the company. Some drivers may be coached to say they were following all safety protocols, even if they were fatigued, distracted, or violating regulations at the time of the crash. Others may be encouraged to shift the blame onto the other driver, even when they know they were at fault.
This type of pressure can be strong, especially if a driver fears losing their job. However, when an attorney is involved, they can help subpoena records, interview witnesses, and uncover the truth. If a trucking company is found to have pressured a driver into giving false statements, it can strengthen the victim’s case.
8. Using Legal Loopholes
Some trucking companies use complex business structures to make it difficult for accident victims to hold them accountable. They may operate under multiple company names, frequently changing their legal entities to avoid liability when accidents occur. This tactic is particularly common among companies with poor safety records or those that have faced multiple lawsuits in the past.
When a victim tries to file a claim, they may find that the trucking company has suddenly gone out of business, making it challenging to recover compensation. However, skilled attorneys can trace these business connections and hold the right parties responsible.
What Victims Can Do
If you or a loved one has been involved in a trucking accident, there are steps you can take to protect yourself from these tactics and build a strong case:
Gather Evidence: Take photos of the accident scene, vehicle damage, injuries, road conditions, and any relevant signs or signals.
Request Driver and Trucking Company Records: These may include the truck’s black box data, driver logs, maintenance records, and any history of safety violations.
Seek Medical Attention Immediately: Even if injuries seem minor, getting checked by a doctor creates an official medical record that can be crucial for your case.
Avoid Speaking to Insurance Adjusters Without Legal Advice: Anything you say can be used against you later.
Consult a Truck Accident Attorney: An experienced attorney can handle negotiations, preserve evidence, and ensure you get the compensation you deserve.
Final Thoughts
Trucking companies and their insurance providers will do everything they can to avoid paying out claims after an accident. Understanding their tactics can help you stay ahead and protect your rights. If you’re in Texas and have been involved in a trucking accident, working with a knowledgeable attorney can make all the difference in getting the justice and compensation you need to recover. Don’t let trucking companies get away with negligence—hold them accountable and fight for what you deserve.