How Trucking Companies Avoid Responsibility After an Accident
Because of the massive size of trucks, truck accident victims are at a high risk of sustaining severe, life-altering injuries. Victims of truck accidents may suffer overwhelming medical expenses while also being unable to work. These accidents can result in significant pain and suffering, not just physically, but also emotionally. If you were involved in a truck accident, these physical, financial, and emotional consequences can form the basis of a personal injury claim. You may be eligible to pursue compensation from the trucking company. However, holding trucking companies accountable is rarely easy. These companies often employ strategic defenses to avoid responsibility.
If you were involved in a truck accident, it’s crucial that you understand how trucking companies operate. In the following sections, we look at why trucking companies avoid responsibility, the tactics they use to avoid responsibility, and how an attorney can help you.
Why Do Trucking Companies Avoid Responsibility?
When a truck driver causes an accident, the trucking company they work for may be held liable. This is called vicarious liability. A trucking company can also be held liable if it is directly negligent. For example, if a company fails to maintain a truck properly, it could be held responsible for any accident that occurs due to defective vehicle parts.
Truck accidents can result in substantial medical expenses, lost wages, pain and suffering, among other damages, meaning that truck accident cases can result in high-dollar settlements or jury verdicts. Trucking companies avoid responsibility to reduce the money they pay out to victims or avoid paying altogether. Such companies prioritize their profits over anything else.
Common Tactics Trucking Companies Use To Avoid Responsibility
Trucking companies and their insurance companies use several strategies to protect themselves against liability, including the following;
- Blaming the Victim
One of the most common tactics is for the trucking company or its insurer to try to shift the blame to the victim, even when the victim did nothing wrong. For example, the company or insurance company may claim you were speeding, even if you weren’t. Unfortunately, sometimes, even false allegations can hurt your claim. Under the state’s comparative negligence law, if you are deemed partially liable for your accident, your compensation will be reduced by your percentage of fault. And if you are found to be more than 50% at fault, you can’t recover compensation.
- Denying Employment Relationships
A trucking company may claim that the negligent driver was an independent contractor, not an employee. If successful, the company will not be held vicariously liable for the driver’s actions, as independent contractors are personally liable for the accidents and damages they cause.
- Hiding or Destroying Evidence
In some extreme cases, trucking companies may try to hide or destroy evidence to hide violations of safety regulations, such as overdue maintenance.
- Minimizing the Severity of Injuries
The trucking company or its insurer might dispute the severity of your injuries. They may suggest you are exaggerating your injuries or that you had a pre-existing condition.
How an Attorney Can Help
A skilled truck accident attorney can;
- Act fast to preserve evidence
- Prove negligence
- Fight back against the trucking company’s tactics
- Negotiate on your behalf
- File a lawsuit if necessary
Legal Help Is Available
Contact our Miami truck accident attorneys at The Pendas Law Firm at 844-200-0000 or online for help protecting your legal rights.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Bradenton, Jacksonville, West Palm Beach, Daytona Beach, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html