How Trucking Companies Try to Avoid Liability
When a truck accident occurs, the trucking company’s primary concern is not the injured victim—it is protecting its bottom line. Large trucking corporations and their insurers have teams of lawyers, risk management experts, and adjusters who immediately work to minimize their liability. Awareness of the deceptive tactics they use is important for accident victims who need to fight for their rightful compensation.
Shifting Blame to the Truck Driver
Trucking companies often attempt to distance themselves from liability by blaming the truck driver entirely for the accident. They may argue that the driver acted negligently, violated safety protocols, or was driving recklessly.
- Independent Contractor Defense: Many companies misclassify drivers as independent contractors instead of employees. If successful, they argue that they are not responsible for the driver’s actions under the doctrine of vicarious liability.
- Failure to Follow Safety Rules: Even when a driver was pressured to meet unrealistic deadlines, trucking companies may claim the driver acted on their own accord in violating hours-of-service limits or driving while fatigued.
Destroying or Manipulating Evidence
Critical evidence in truck accident cases can be lost, altered, or destroyed if legal action is not taken swiftly. Some companies take deliberate actions to manipulate evidence in their favor.
- Tampering with the Black Box (ECM Data): The truck’s electronic control module (ECM) stores crucial data, including speed, braking, and engine performance. Trucking companies sometimes erase or modify this data before it can be accessed.
- Repairing or Scrapping the Truck: If a truck defect or maintenance failure caused the crash, the company may quickly repair or scrap the truck to eliminate key evidence.
- Altering Driver Logs: Many companies still falsify logbooks or manipulate electronic logging devices (ELDs) to cover up violations of federal driving hour limits.
Denying Employment Relationship
Even when a driver is clearly under their control, trucking companies frequently attempt to deny an employment relationship to limit liability.
- Leased Truck Defense: Companies lease trucks to drivers and claim that the driver, not the company, is responsible for maintenance, safety, and compliance.
- Third-Party Hiring: Instead of hiring drivers directly, trucking companies may use staffing agencies or third-party logistics firms to insulate themselves from legal responsibility.
Blaming Road Conditions or Other Vehicles
Trucking companies often claim the accident was caused by external factors, such as road conditions, weather, or other drivers.
- Weather Conditions: They may argue that heavy rain, snow, or fog made the accident unavoidable, even if their driver was speeding or driving recklessly.
- Other Drivers: Even if the trucker was clearly at fault, the company may shift blame to another vehicle for cutting off the truck or making a sudden lane change.
- Government Entities: Some companies attempt to place blame on poor road maintenance, defective traffic signals, or unclear signage to divert responsibility.
Using Insurance Loopholes to Avoid Paying Claims
Trucking companies often carry large insurance policies, but that does not mean they will pay out without a fight. They use legal loopholes and policy exclusions to avoid liability.
- Layered Insurance Policies: Many trucking companies have multiple insurance policies with different levels of coverage. They may try to push claims onto a lower-tier insurer that has minimal payout obligations.
- Self-Insured Retention (SIR) Tactics: Some large trucking firms use self-insurance policies that require them to cover a portion of damages before insurance kicks in. They may refuse to pay their share, delaying or denying claims.
- Denying Policy Coverage: Insurance carriers representing trucking companies may argue that a policy does not cover a particular type of accident or that the driver was not authorized to operate the vehicle at the time of the crash.
Pressuring Victims to Settle Quickly
Another tactic is to pressure accident victims into accepting lowball settlements before they have legal representation.
- Quick Settlement Offers: Within days of an accident, an insurance adjuster may contact the victim and offer a fast payout. These offers are usually far below the actual value of the claim.
- Discouraging Legal Representation: Trucking companies may tell victims they do not need a lawyer or that hiring one will only delay their compensation.
- Forcing Victims into Recorded Statements: Adjusters may ask victims for recorded statements, which they later twist to undermine injury claims.
Hiding Safety Violations and Prior Accidents
Trucking companies often have a long history of safety violations and prior crashes, but they go to great lengths to keep this information hidden.
- Manipulating FMCSA Records: The Federal Motor Carrier Safety Administration (FMCSA) tracks safety violations, but some trucking companies appeal citations to keep their records clean.
- Reincarnated Carriers: When a trucking company has a bad safety record, it may shut down and reopen under a new name to avoid liability and higher insurance premiums.
- Failure to Disclose Prior Accidents: Some companies do not report prior crashes involving their fleet, making it harder for victims to prove a pattern of negligence.
Fighting Liability in Court
When lawsuits are filed, trucking companies use aggressive legal tactics to fight liability.
- Delaying Litigation: They may request numerous extensions, file unnecessary motions, or drag out discovery to wear down victims.
- Blaming the Injured Party: Trucking defense attorneys frequently argue that the victim was partially or fully responsible for the accident to reduce or eliminate damages.
- Hiring High-Powered Defense Teams: Large trucking companies have teams of attorneys skilled in defending against injury claims, making it critical for victims to have experienced legal representation.
Get High-Powered Legal Representation from Our NYC Truck Accident Attorney
Trucking companies will use every strategy available to limit their liability. If you or a loved one has been injured in a truck accident, do not let the trucking company dictate the outcome of your case. Our battle-hardened truck accident lawyer, Michael S. Lamonsoff, “The Bull,” has the trial skills, experience, and resources to take on powerful trucking companies and their insurers to recover the largest possible compensation for your injuries and losses. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.