Experiencing an accident involving a semi-truck can be a traumatic and overwhelming situation to overcome. Beyond the immediate physical and emotional impact, victims often face significant challenges when seeking their rightful compensation from trucking companies.
These companies frequently deploy various tactics to avoid responsibility, making it difficult for victims to recover the damages they deserve. Understanding these strategies can strengthen your case and your ability to counter them effectively which will ensure your rights are protected.
Understanding the Tactics Used by Trucking Companies
Trucking companies have a vested interest in minimizing their liability and often use several tactics to avoid responsibility for accidents. Recognizing these tactics can help you prepare and respond appropriately.
Disputing Fault
One of the most common strategies is to dispute fault. Trucking companies may argue that the accident was caused by another party, including the victim. They might claim that the passenger vehicle driver was speeding, driving recklessly, or failed to follow traffic laws. To counter this, it’s crucial to gather as much evidence as possible from the accident scene, including photographs, witness statements, and police reports.
Destroying or Altering Evidence
Trucking companies may attempt to destroy or alter evidence that could prove their liability. This can include tampering with the truck’s electronic logging device (ELD), erasing or modifying maintenance records, or even repairing the truck before a proper investigation can be conducted. To prevent this, act quickly to preserve evidence. Your attorney can file a preservation letter to ensure all relevant evidence is maintained.
Delaying the Claims Process
Delaying the claims process is another common tactic. Trucking companies and their insurers may drag out investigations, delay responses, or use other stalling techniques to frustrate victims into accepting lower settlements. Be persistent and maintain thorough documentation of all communications and deadlines related to your claim.
Shifting Blame to the Driver
Often, trucking companies will attempt to shift blame solely onto the truck driver, claiming they were acting independently or outside the scope of their employment. This is particularly common if the driver is an independent contractor rather than a direct employee. Understanding the relationship between the driver and the trucking company is crucial, as the company can still be held liable under certain circumstances.
Minimizing Injuries
Trucking companies and their insurers may try to downplay the severity of your injuries, suggesting that they are pre-existing conditions or not as serious as claimed. This tactic aims to reduce the amount of compensation owed. It’s essential to seek immediate medical attention after an accident and keep detailed records of all treatments and medical opinions to substantiate your claims.
Steps to Take After a Semi-Truck Accident
Navigating the aftermath of a semi-truck accident can be daunting, but taking the right steps can significantly impact the outcome of your claim. Here are key actions to consider:
1. Seek Medical Attention
Your health and safety are the top priority. Seek immediate medical attention, even if you do not feel seriously injured. Some injuries may not be immediately apparent, and having a medical record from right after the accident is crucial.
2. Document the Scene
If you are able, gather as much evidence from the scene as possible. Take photographs of the vehicles, road conditions, and any visible injuries. Collect contact information from witnesses and obtain a copy of the police report.
3. Consult an Attorney
Find a truck accident attorney with experience in these types of cases as soon as possible. They can help you navigate the legal complexities, preserve crucial evidence, and build a strong case against the trucking company. According to the Denver semi-truck accident lawyer at Dormer Harpring, getting legal expertise early in the process is crucial for building a case.
4. Report the Accident
Notify your insurance company about the accident promptly. Provide them with all relevant information but avoid giving recorded statements without consulting your attorney first.
5. Keep Detailed Records
Maintain thorough records of all medical treatments, repair costs, lost wages, and other expenses related to the accident. This documentation will be vital in supporting your claim for damages.
Legal Protections for Victims
Victims of semi-truck accidents have several legal protections that can help ensure they receive fair compensation. Understanding these protections can bolster your case.
Vicarious Liability
Under the principle of vicarious liability, trucking companies can be held responsible for the actions of their drivers if the driver was acting within the scope of their employment at the time of the accident. This applies even if the driver is an independent contractor in some cases.
Federal Regulations
The Federal Motor Carrier Safety Administration (FMCSA) imposes strict regulations on trucking companies regarding driver hours, vehicle maintenance, and safety protocols. Violations of these regulations can strengthen your case against the trucking company.
State Laws
Each state has its own laws governing personal injury and liability. An experienced attorney will understand the specific legal landscape in your state and use it to your advantage.
Get the Compensation You Deserve
Trucking companies often employ a range of tactics to avoid responsibility for accidents, making it challenging for victims to secure the compensation they deserve. By understanding these tactics and taking proactive steps, you can protect your rights and increase your chances of a favorable outcome.
Seeking the assistance of a skilled personal injury attorney is crucial in navigating this complex process and holding trucking companies accountable for their actions. Remember, you don’t have to face this battle alone—help is available to ensure justice is served.