There is a lot at stake in the aftermath of a truck accident. The immediate concern for the trucking company is the disruption to its supply chain. If a truck can’t make its delivery, it can impact the company’s bottom line. The same can be said for a potential spike in insurance premiums.
Typically, an insurance company won’t raise rates on a policyholder unless they are found to be liable for the accident. That can trigger a costly hike in the trucking company’s premiums.
With so much at stake, it’s no wonder that a trucking company will try to shift the blame for an accident away from their driver and onto the other driver.
When a truck company puts up a rigorous defense, you are entitled to retain the services of a skilled Lexington truck accident lawyer to counter those arguments. The Peterson Law Office has years of experience representing major truck carriers to help our clients secure the compensation they are entitled to.
Find out how a trucking company will try to shift blame unto the victims for a crash.
Trucking Companies Have an Interest to Shift Blame
When there is an accident, the trucking company’s premiums are sure to rise. It is in their best interests to blame the other party for the accident. These policies are not the same ones for cars, SUVs, or passenger trucks. Payouts can mean big money.
The Federal Motor Carrier Safety Administration (FMCSA) has strict insurance filing requirements and mandates. Kentucky follows those requirements for interstate trucking that include the following requirements for bodily injury and property damage caused by commercial vehicles:
- General freight: $750,000 minimum
- Hauling oil: $1,000,000 minimum
- Hauling hazardous materials: $5,000,000 minimum
- Passenger vehicles (16+ passengers): $5,000,000 minimum
- Passenger vehicles (15 or fewer passengers): $1,500,000 minimum
- Vehicles under 10,001 lbs.: $300,000 minimum for non-hazardous freight
There is also the issue of Kentucky’s pure comparative negligence rule that comes into effect.
That rule allows someone involved in an accident to collect compensation even if they were partially at fault for the accident. The stipulation is that the amount of compensation will be reduced based on the percentage of fault assigned to the driver.
What Is Evidence Manipulation?
When a truck accident occurs, the response from the trucking company is “all hands on deck.” They will immediately dispatch their investigative team, usually within hours of the accident. The goal is to control the evidence and possibly manipulate it in their favor. Unfortunately for the truck company, they aren’t the only ones who are investigating the incident.
The FMCSA will also send out its own investigators, as well as your attorney. Any relevant evidence generated by the truck driver or the truck carrier is obligated to be preserved and shared. That includes the following:
- Electronic logging device (ELD) data
- Black box data from the truck’s engine control module
- Cell phones
- Driver qualification files
- Hours of service logs
- Maintenance and inspection records
- Communications between the driver and the dispatcher
- Drug and alcohol testing results
- Dash camera footage
There might also be instances where your attorney can obtain an emergency court order to prevent the trucking company from destroying any evidence.
Shifting Blame
Kentucky’s pure comparative negligence system is designed to be fair to all parties involved in an accident where blame is shared. In truck accidents, the truck company will try to exploit that by shifting as much blame for the accident onto you.
They could make the following claims:
- You were speeding or driving erratically
- You changed lanes improperly
- You failed to use headlights or signals
- You were distracted or using a mobile device
- You failed to take evasive action to avoid the collision
They could also try to shift blame to another driver, third-party cargo loaders, or even a vehicle manufacturer. Peterson Law Office can counter those arguments with a comprehensive accident reconstruction created by one of our many experts who has specific commercial trucking experience.
Our investigation can also include witness statements and provable violations of the Federal Motor Carrier Safety Regulations that directly contributed to the crash.
Independent Contractor Defense
Another common way trucking companies try to escape liability is by labeling their drivers as “independent contractors” rather than employees. When they make that classification, they hope to avoid any legal responsibility that would fall under the concept of “respondeat superior.” That holds employers liable for their employees’ negligence. If the truck driver wasn’t an employee, the company can wash its hands of the whole matter.
The way to combat that tactic is to uncover the truth of how much control the trucking company actually had over the driver’s work. That includes presenting as evidence their schedule, routes, and procedures. We can also establish liability for negligent hiring, training, or supervision.
If those factors contributed to the accident, the trucking company can be held accountable, regardless of the driver’s employment status.
Holding Trucking Companies Fully Accountable
Trucking companies should never be allowed to sidestep responsibility for the devastation caused by their negligent driver and the company’s practices. When they attempt to shift blame onto innocent drivers, the attorneys at Peterson Law Office will be ready. Our legal team of dedicated attorneys are fierce advocates for our clients.
We meticulously investigate every aspect of a crash to uncover violations, recover evidence, and build a compelling case for full and fair compensation.
If you’ve lost a loved one or suffered serious injuries in a trucking accident, you deserve a legal team that won’t back down against corporate tactics. Call to set up a free case review to discuss your options to hold a trucking company accountable.