Truck accidents can cause fatalities, serious injuries, and extensive damage. Trucking companies are reluctant to accept responsibility for crashes because they don’t want to pay for all the damages they caused. Here are some of the tactics trucking companies may try to avoid responsibility for a crash.
Blaming Other Parties for the Accident
One of the most complicated factors involved in truck accident cases is that multiple parties could be at fault. The trucking company may try to blame others for the accident, such as:
- The truck driver
- Cargo loading companies
- Mechanics
- Inspectors
- Vehicle or parts manufacturers
- Government agencies
- Other motorists
An in-depth investigation may be necessary to uncover evidence of how the accident happened and who is really at fault.
Blaming You
Another strategy trucking companies may try is to blame you for the accident. West Virginia has a modified comparative negligence system. Under this system, injury victims who are more than 50% at fault for the accident cannot recover compensation for their injuries. Therefore, trucking companies might try to put more than half the blame on you to get out of paying you any compensation. If this isn’t possible, the trucking company may try to push as much blame onto you as possible. Under West Virginia’s modified comparative negligence system, your damages are reduced by your degree of fault. Therefore, if you’re found 20% at fault for the accident, your damages are reduced by 20%.
Destroying Evidence
Trucking companies might respond quickly after an accident to gather critical evidence and protect the trucking company’s interests. Trucking companies are only required to maintain certain records for certain amounts of time, and they may not be incentivized to keep records that could incriminate them in the case of a lawsuit against them. If you don’t act fast, the trucking company could repair the truck, delete onboard videos, delete electronic logging data, and otherwise take steps that could destroy valuable evidence. An experienced truck accident lawyer can send a spoliation of evidence letter that instructs the trucking company not to destroy any evidence that could be relevant to your personal injury claim.
Falsifying Records
Some trucking companies are not above falsifying records, such as bills of landing, hours-of-service logs, personnel records, and other documents to try to avoid liability. A digital forensic expert may be necessary to prove when documents were created.
Minimizing Your Injuries
Sometimes, trucking companies may be unable to escape liability for the accident. Instead, they try to minimize your injuries by claiming that you’re exaggerating them, saying that you received unnecessary medical care, or trying to find pictures or information on your social media accounts to point to inconsistencies in your story.
Stand Up for Your Rights with the Help of an Experienced Truck Accident Lawyer
At Salango Law, PLLC, our truck accident lawyers know how to fight these tactics. We have successfully represented personal injury clients to the tune of $300 million. Learn more about how we can help when you call (304) 342-0512 to arrange a free consultation.