Truck accident victims often face a tough road when it comes to getting compensation. From navigating legal jargon and filing deadlines to fighting with large insurers, it can be quite overwhelming. Understanding the ways insurance companies and trucking firms might try to sidestep liability is essential and highlights why it’s so important to work with a Louisville car accident lawyer. Below is an overview of how they usually try to do this.
Delaying the Investigation
Trucking companies sometimes delay investigations to allow evidence to be lost or destroyed. This makes it harder for victims to gather the proof they need to support their claims. Acting quickly is important for victims to preserve evidence like black box data and maintenance records.
Blaming the Victim
A common tactic by trucking companies is to shift the blame onto the accident victim, claiming the crash was their fault. They may use statements taken right after the accident when victims are still disoriented to try to make it seem as though the victim was at fault. Personal injury lawyers in Louisville can protect victims from these tactics and ensure their rights are defended.
Hiding or Destroying Evidence
Trucking companies might withhold or destroy critical evidence such as driver logs, maintenance records, and black box data. While they are legally obligated to preserve this evidence, they don’t always do so. Lawyers can obtain it through court orders, which helps to ensure that all relevant information is available for the case.
Using Independent Contractors to Avoid Liability
Trucking companies may try to avoid liability by saying the truck driver was an independent contractor. This tactic attempts to distance the company from responsibility for the driver’s actions. However, certain legal principles can hold trucking companies accountable regardless of employment status in some cases.
Manipulating Driver Logs and Hours of Service
Drivers or companies might falsify driver logs to show they are complying with hours-of-service regulations. Obtaining Electronic Logging Device (ELD) data is important to verify the accuracy of these logs. Falsified records can be used to deny claims or reduce liability, so it’s important to get the real data.
Using Intimidation Tactics
Trucking companies and their insurers might try to pressure accident victims into accepting low settlements quickly, using threats of long legal battles or claiming that victims will get nothing if they go to court. Consulting with a lawyer brings clarity to the situation and helps in making the right decisions before accepting any settlement offer. Understanding the true value of a claim and working with an attorney helps in negotiating fair compensation.
Denial of Driver Negligence
Trucking companies may deny the driver’s negligence even when there is clear evidence of reckless driving or safety regulation violations. They might argue that the driver was following protocol or that the accident was unavoidable. Accident reconstruction experts play a vital role in proving negligence in such cases.
Shifting Blame to Other Parties
Tactics used by trucking companies include shifting blame to other drivers, road conditions, or even the manufacturer of the truck or its parts. Comparative negligence might be used to reduce their liability. Gathering comprehensive evidence is key to countering this defense.
If you or a loved one has been involved in a trucking accident, don’t face these challenges alone – contact a Louisville truck accident attorney today to schedule a free consultation with a truck accident lawyer.