How Trucking Companies Avoid Responsibility for a Crash

Truck accidents are devastating when they involve collisions between an immense semi-tractor trailer truck and a much smaller standard vehicle. Commercial trucks outweigh average cars by as much as 76,000 pounds, placing motorists at extreme risk of serious injuries with life-altering consequences, like medical expenses piling up at the same time that the injured victim may not be able to return to work. Sometimes accident victims suffer disability or permanent impairment. These consequences become the “damages” in a claim against the trucking company if the truck driver caused the accident. Unfortunately, trucking companies commonly avoid taking responsibility and may use a variety of tactics to deny fault to protect themselves against liability. If you were injured in a truck accident, please contact a truck accident lawyer in Oklahoma City.

Blaming the Injury Victim

Like the majority of states, Oklahoma has a comparative negligence insurance system that assigns a percentage of fault to all those involved in an accident. In some cases, one driver is 100% at fault, but sometimes both drivers contribute to the cause of an accident. Under this system, an injury victim may still recover a portion of their compensation if they contributed to the accident as long as they are not more than 50% responsible. For instance, the value of a claim may be $100,000 but if the insurance company determines that the injury victim was 25% at fault because they were speeding when the truck driver made an unsafe lane change and hit them, it reduces the claim by 25%. In this case, the insurance company would only have to pay out $75,000.

Trucking companies and their insurance providers commonly try to assign an undue portion of fault to injury victims to protect themselves against full liability.

Using Independent Contractors Instead of Employees

Many trucking companies try to distance themselves from the consequences of accidents on the roadway by using independent contractors instead of hired employees to drive their trucks. This helps to insulate them from direct liability. When a driver is an independent contractor, they are liable for damages rather than the trucking company, but drivers may have fewer resources and less liability insurance than large trucking companies. To address this, the Federal Motor Carrier Safety Administration (FMCSA) has redefined the standard for differentiating between an employee and an independent contractor making it more difficult for trucking companies to avoid liability for accidents.

Hiding or Destroying Evidence

FMCSA standards require meticulous record-keeping for all aspects of trucking, including driver logbooks showing their driving hours, breaks, and off-duty hours. This helps ensure that they follow the limits on driving hours to prevent drowsy driving. Trucking companies must also keep detailed records of regular truck maintenance and repairs and records of their hiring practices and training requirements. In addition, most modern trucks come equipped with “black box” recorders that electronically document evidence before a crash.

After an accident, logbooks, recorders, and maintenance records become key aspects of an investigation into the cause of the accident. Sometimes trucking companies try to hide or destroy this key evidence or make fraudulent entries into logbooks to avoid liability.

Blaming Other Entities

It takes many entities to ensure a well-maintained truck is on the road with a secure, balanced load and a well-qualified driver behind the wheel. When a truck accident occurs and causes extensive damages to accident victims, the trucking company may try to avoid liability by pointing the finger at other involved entities such as the manufacturer of a truck part, the maintenance company, or a freight loading service. They may also attempt to assign blame to the injury victim.

How Can a Truck Accident Attorney In Oklahoma Help?

It often takes an aggressive personal injury attorney in Oklahoma City with a results-oriented approach to hold a negligent trucking company accountable with a thorough investigation and compelling evidence of liability. Call Dan Davis Law to speak to a truck accident attorney who can help you prove liability for your truck accident claim.