Accidents involving 18-wheelers often lead to significant injuries, financial losses, and emotional strain for victims. In many cases, trucking companies and their insurance providers employ strategies to minimize their liability and reduce compensation payouts. Being aware of these tactics can empower victims to take the right steps after a crash. Our friends at Johnston | Martineau PLLP discuss how these strategies work and how an experienced 18-wheeler accident lawyer can build a strong case against them.
Shifting Blame To The Victim
One of the most common tactics is to blame the accident on the victim. Trucking companies and their insurers often argue that the other driver was speeding, distracted, or otherwise negligent. They may use witness statements, dashcam footage, or incomplete accident scene evidence to support their claim.
Fighting back against this requires a thorough investigation. A legal professional can analyze the accident report, gather unbiased witness testimonies, and, if necessary, reconstruct the accident scene to establish the true cause. By compiling compelling evidence, it becomes more difficult for trucking companies to shift blame.
Manipulating Driver Logs And Data
Truck drivers are required by federal law to adhere to strict hours-of-service regulations to prevent fatigue-related accidents. However, some trucking companies manipulate or falsify driver logs to obscure violations. This tactic makes it challenging to determine whether fatigue contributed to the crash.
To counter this, obtaining electronic logging device (ELD) data is crucial. A skilled legal advocate can request these records and identify inconsistencies between digital logs and other evidence, such as fuel receipts or GPS data. By exposing discrepancies, it’s possible to hold the trucking company accountable.
Claiming Preexisting Conditions Or Alternative Causes
Trucking companies often argue that the injuries sustained by the victim were due to preexisting medical conditions or unrelated incidents. This approach shifts attention away from the accident itself, aiming to reduce or deny compensation.
Counteracting this requires detailed medical documentation. Working closely with medical professionals to establish a direct connection between the accident and the injuries is key. Comprehensive medical records and expert testimony can dismantle arguments that suggest the injuries weren’t caused by the crash.
Delaying Investigations And Settlements
Delaying tactics are another common strategy. Trucking companies may stall the release of evidence, drag out negotiations, or postpone settlement discussions. These delays can frustrate victims and force them into accepting lower offers due to financial pressure.
This is where persistence and legal strategy come into play. A legal professional can file time-sensitive requests, such as preservation letters, to prevent critical evidence from being destroyed or altered. By maintaining a proactive approach, delays can be mitigated, and the victim’s rights are protected.
Minimizing The Role Of Maintenance Issues
Poor vehicle maintenance is a leading cause of 18-wheeler accidents. However, trucking companies often downplay the role of maintenance failures to avoid liability. They may withhold records or claim that the truck was inspected recently and deemed roadworthy.
Fighting this requires access to maintenance logs, inspection reports, and repair histories. An attorney can identify patterns of neglect or inadequate upkeep, linking these failures to the accident. Demonstrating negligence in vehicle maintenance can significantly strengthen a victim’s claim.
Taking Steps To Protect Your Claim
Trucking companies and their insurers often have significant resources and legal teams working to protect their interests. Victims of 18-wheeler accidents may feel overwhelmed when faced with these tactics, but they don’t have to face them alone. Building a case with the help of an experienced legal team can level the playing field.
By staying informed about these strategies and gathering the right evidence early, victims can fight for fair compensation. Seeking legal guidance promptly ensures that their claim is backed by the thorough investigation and documentation needed to hold trucking companies accountable.