Why Trucking Companies Often Deny Liability in Accident Claims

You must have seen how, most of the time, trucking companies avoid liability in accident claims. However, when that happens, most of us feel helpless as we start losing hope on getting our rightful compensation!

You see, we all know how truck accidents account for a large portion of daily traffic accidents in Austin, Texas. Considering the fact that these vehicles are heavy, their large size and weight can have serious consequences.

“So if I get into a accident, I can easily claim a compensation for the damages!”

Well, while this sounds like an easy thing to do, there’s a catch! You see, often, the transportation companies responsible for maintaining and monitoring these vehicles try to deny responsibility for accidents.

Therefore, they are able to avoid any sort of financial compensation for the victims. And that’s exactly why it’s vitally important to know everything about this issue.

Additionally, it is also important that you contact a truck accident attorney in Austin. They are the ones who can advise you properly so you can obtain the compensation you deserve for the damages.

But first, you need to know how trucking companies avoid liability in accident claims. And what can you do when this happens? 

Hi. In today’s blog, I will talk about some of the things that these companies do to avoid the claims. So, keep on reading this blog till the end, and thank me later…

How is Fault Determined in Truck Accident Claims?

Before talking about how trucking companies avoid liability in accident claims, let me tell you about how the court determines fault in a truck accident.

You see, when it comes to these accidents, the local police carry out a thorough investigation. In most cases, it completely depends on the state as well as the National Transportation Safety Board.

However, there are a few things that the court takes into account when determining who is the at-fault party. Some of these are things are generally results of:

• Investigation of accident scene
• Review of evidence.
• Negligence.
• Expert witness testimonies.
• Analyzing potential at-fault parties.

All of these things together make up the case and ultimately show who is really at fault. Additionally, here are the potential at-fault parties in a trucking accident claim:

• Truck driver.
• Trucking company.
• Manufacturing company.
• Service center.
• Shipping or loading company.

How Trucking Companies Avoid Liability in Accident Claims?

Now that you understand how the court determines the fault in a particular trucking accident, here are some of the things that you should know about the ways in which trucking companies avoid liability in accident claims:

Blame the Driver

It is one of the most common strategies used by transportation companies, who often place the blame on the person driving the vehicle, regardless of the circumstances of the accident.

As the National Highway Traffic Safety Administration’s study on truck crash scenarios reveals, mechanical failures and poor maintenance of trucks by trucking companies can lead to serious accidents.

Please also keep in mind that the company is also responsible for properly training drivers for their job and not offering excessive work hours that could create pressure to meet unrealistic deadlines.

Arguments About Mechanical Failures

When companies cannot blame the driver, they may cite unforeseen mechanical failures that occurred before the accident.

However, as the National Institute for Occupational Safety and Health (NIOSH) specifies in a report, companies must provide vehicles with the highest levels of safety and conduct regular inspections.

Almost any mechanical failure can be avoided, and in that case, your argument would be dismissed.

Blaming Independent Contractors

One of the most common strategies used by transportation companies to avoid financial and legal responsibility after an accident is to claim that the driver involved was an independent contractor rather than a direct employee.

By doing so, the company tries to distance itself from liability, arguing that it is not responsible for the driver’s actions because the driver operates independently.

However, this tactic doesn’t always hold up under legal scrutiny. Even when a company classifies a driver as an independent contractor on paper, courts will often look at the reality of the working relationship.

In many cases, the company still exercises a high degree of control over the driver’s duties.

This can include setting delivery schedules, assigning specific routes, requiring regular check-ins, mandating company-approved vehicle maintenance, or enforcing rules about how the job must be performed.

Use of Insurance Companies

Firms can use insurance companies with experienced lawyers to pressure victims into obtaining low-value settlements.

These tactics are purely deterrent. Therefore, the truck accident lawyer that you choose should consider them in order to defend your case.

Representation by a Specialized Lawyer

In conclusion, if you are able to get the services of a highly qualified attorney makes a big difference when the aggrieved party is looking for justice and fair compensation. These legal professionals are not only skilled but also experienced in practicing truck accident law.

Transport enterprises as well as their insurance providers implement various means to avoid the full settlement of the injured victim’s claims.

They may use many ways to shift the blame, downplay the injury’s impact, or even take advantage of the legal loopholes like classifying drivers as independent contractors who in reality are the company‘s employees in a different form.

It is quite simple for victims to be deceived into accepting low settlement offers by the lack of legal representation. They will be much vulnerable to the high pressure of the party responsible for the accident or its insurer.

A competent attorney has a profound understanding of these tricks and how to counter them efficiently. He/she is capable of thoroughly researching the accident, collecting the most critical pieces of evidence, cooperating with expert witnesses, and ensuring that all responsible parties get justice.

Most significantly, they are familiar with the art of convincing big companies and insurers who only care about their own interests.

Read Also:

• How a Lawyer Can Prove That a Trucking Company Violated Safety Rules
• The Most Common Trucking Industry Violations That Lead to Accidents
• What Are the Dangers of Underride Truck Accidents and Who Is Liable?