Trucking companies make driving their business. Safety is always a priority on the roads, but that does not mean accidents and mistakes do not happen. It is expected that driving a large commercial truck could cause an accident at some point. Yet, what you may not know is that insurance companies paying for those collisions may take steps to minimize Texas truck accident claims. So how do trucking companies avoid responsibility for commercial truck crashes? Here are some examples.
Blame the Driver
One of the most common ways trucking companies avoid responsibility for their role in a crash is to blame the driver. Truck drivers often bear fault in these accidents. If they are engaging in reckless behavior, such as illegal lane changes, failing to stop for lights, or speeding, they are often to blame.
However, trucking companies may also maintain responsibility if those drivers are their employees. To avoid that, they may not take on the driver as an employee. Rather, they classify the driver as an independent contractor. That means the driver’s actions are not always their responsibility.
With ample evidence, the court will realize the trucking company still holds some responsibility in these cases. For example, they are still responsible if they control the truck driver’s schedule or if they fail to ensure proper training and licensing.
They may also claim they do not have any idea of what the driver was doing behind the wheel. However, if they pushed the driver to meet unsafe schedules, did not do their part to ensure safety violations were not occurring, or did not provide training, they could be to blame.
Limiting Access to Evidence
Today’s trucking companies have more data and valuable insights on their drivers than ever before. That is due to black box data and dashcam footage found on many trucks. Trucks now record what the driver is doing behind the wheel. Some systems even have inward-pointing cameras that monitor the driver’s actions, such as nodding off while behind the wheel.
Trucking companies may try to limit your access to important information, such as:
- The data from smart devices and cameras
- Medical records for the driver
- Vehicle maintenance logs, which they must also maintain
Most victims do not know what data is out there. They do not know what to ask for. The insurance company and the trucking company will never share more than they have to do so.
Changing Logs
Another, even more malicious action that some trucking companies take is to change the hours of service or maintenance logs required by the Federal Motor Carrier Safety Administration. They may know violations occurred, and so they go back and change logs to make it seem like no fault occurred.
Blaming Others
Insurance companies may also take steps to blame others. Some examples include:
- Blaming cities for poor visibility or streets that are not maintained
- Stating that a construction zone was unsafe and caused the crash
- Shifting the blame to the driver of the car
In all of these situations, the risks to you are very high. And, in those situations, you need a truck accident lawyer who knows how to get around them.
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Turn to The Doan Law Firm for a free consultation today. Let our truck accident lawyers fight for your right to fair compensation.