Any car accident can result in serious injuries and expenses but truck accidents can be especially costly due to the gigantic size of the vehicles involved. This makes accessing the compensation you need after such an accident extremely important.
Unfortunately, trucking companies may use unfair tactics in order to avoid paying out what they owe.
If that isn’t unjust enough, there are also many entities sharing information to help trucking companies avoid liability for the accidents they cause. If you’ve been involved in a truck accident as a result of mismanagement or other fault of a trucking company, our Houston 18-wheeler accident attorneys at Lapeze & Johns, PLLC, can protect your rights to compensation.
Today, we will list 5 methods trucking companies use to avoid liability.
1.Blame the Victim
Trucking companies are likely to try and pin the accident on you. This means that if you made any minor mistakes prior to the crash, for instance, not wearing a seatbelt, they may argue that the entire accident was your fault.
To avoid this kind of diversion, a truck accident attorney can help to establish the specific cause for your accident, rather than actions that did not contribute to the crash itself.
2.Claim the Victim Is Exaggerating Injuries
This tactic is common not only amongst trucking companies, but all types of personal injury defendants. In fact, this specific tactic is often cited in articles advising trucking companies on how to avoid liability. These articles, and trucking companies themselves, argue that plaintiffs and car accident victims often exaggerate their injuries. This claim can seriously hinder your efforts to receive sufficient coverage.
As these articles recommend, trucking companies are likely to scrutinize every piece of medical documentation you provide in order to find ways to avoid paying out what you need for medical care. This includes claiming that your injuries were pre-existing or do not exist at all.
This is why seeing a doctor and keeping track of all of your medical records is so important. A truck accident lawyer can use those documents to connect your injuries with the crash.
3.Destroy Electronic Evidence
Again, trucking companies are often willing to do anything they can to get away with avoiding liability. This may include destroying any electronic evidence that could strengthen your claim. This evidence might include internal communications, scheduling records, and other documents that could implicate the company.
In this case, a motion will need to be filed to require the company not to destroy any of the electronic evidence that could be relevant to your case. If this is done after evidence has already been destroyed, you may need to petition the court for a forensic investigation.
4.Destroy Physical Evidence
In most cases, the largest piece of evidence in a truck accident is the truck itself. Unfortunately, that truck is the property of the trucking company, meaning they may be able to “repair” or dismantle a truck in order to cover up evidence of liability. The vast majority of cases deem evidence found on the truck as the strongest proof of that liability.
Similar to the destruction of electronic evidence, you and your truck accident attorney may need to file a petition with the court ordering the trucking company not to tamper with the vehicle. This will allow your attorney and truck accident experts to examine the truck for proof that the trucking company was to blame for your crash.
5.Blame a Third Party
While it may seem that blaming a third party for your accident may not matter in regards to getting compensation, the reality is that trucking companies may use this tactic in efforts to stall or weaken your case. Blaming multiple third parties could be a way of muddying the waters and allowing the trucking company to avoid liability.
To combat this tactic, you and your attorney will need to be ready to respond to any claim of third-party fault. This means conducting a thorough investigation and considering all angles from which a trucking company may attempt to weaken your claim.
Seeking the Help of a Truck Accident Attorney to Protect Your Rights
In truth, these are just a few of the many ways that trucking companies may use their power and resources to avoid paying out what they owe. From presenting company investigators as police to bad faith practices like low-ball settlement offers and shoddy investigations, the methods that trucking companies may use to deny you your rights to compensation are practically endless.
With that in mind, it is in your best interest to seek the assistance of an experienced truck accident attorney to ensure those liable for your injuries face justice.
If you’ve been injured in an accident caused by a trucking company, contact the Houston truck accident attorneys of Lapeze & Johns for help accessing the compensation you may be owed.