In 2023, 5,375 large trucks were involved in fatal traffic accidents in the United States. Unfortunately, it is common for trucking companies to try to avoid responsibility for truck accidents to protect their own reputations and profits. They can utilize many tactics to try to get out of paying a fair amount to crash victims and their families. Make sure to speak with an experienced truck accident lawyer in San Antonio if you need legal guidance.
Classifying Truck Drivers as Independent Contractors
A legal doctrine known as vicarious liability holds employers responsible for the actions and mistakes of their employees. If an employee is negligent and causes harm to someone else while on duty, the business or company that employed the individual can typically be held responsible.
Since most truck drivers technically work for themselves, this can protect trucking companies from liability for wrecks. Federal laws are in place, however, to hold trucking companies responsible for accidents involving their trucks and drivers, regardless of how the drivers are classified.
Sending Rapid Response Teams to the Scene
Although tampering with and destroying evidence is against the law, trucking companies have been known to engage in these tactics to protect themselves from liability for serious trucking accidents. Trucking companies send rapid response teams to the scene of a reported accident. These teams often arrive immediately, sometimes even before the police.
The purpose of the rapid response team is to investigate the crash scene and collect evidence. However, these teams may also try to control the investigation, conceal evidence, tamper with the truck’s black box, manipulate driver logs to hide violations and delete vehicle maintenance records – all with the goal of protecting the company from responsibility for the crash.
Shifting the Blame
A trucking company may try to blame the truck driver to avoid direct liability. If a drowsy truck driver caused the crash, for example, the company may try to argue that they were unaware that the driver exceeded the number of permitted hours. If the company has a habit of pressuring drivers by offering bonuses for faster drives or setting impossible deadlines, however, the company can still be held liable.
A trucking company may also attempt to blame the other driver involved in the crash, external factors such as road conditions and weather, or a third party. This may include the manufacturer of a truck part or the government in charge of roadway safety.
Delaying the Claims Process
Trucking companies typically have aggressive legal teams that are skilled at making the claims process difficult for victims. The trucking company may attempt to delay its investigation or the processing of the claim, for example, to wear the victim down and convince him or her to settle for a low amount to resolve the claim. The company is also likely to push a low settlement on the victim during a difficult or vulnerable time.
How Can a Truck Accident Lawyer Help?
Dealing with a trucking company and its insurance provider can be difficult as the victim of a truck accident in Texas. It is critical to understand your rights and how to protect them. Working with an experienced San Antonio personal injury attorney from the beginning of the legal process can put you in the best possible position for success.
Your lawyer can take over communications with an insurance claims adjuster on your behalf to protect your best interests. An attorney will preserve and gather key evidence before a trucking company can intervene. Then, your lawyer can negotiate for a fair settlement for your losses or bring your case to court in pursuit of maximum compensation. Contact us today.