What You Should Know About Truck Accident Liability
Any auto accident can be dangerous, but because semi-trucks are much larger than traditional passenger vehicles, the resulting damages are often greater.
Determining liability in a commercial truck accident case depends greatly on the evidence gathered from the crash. Unfortunately, some trucking companies may try to deflect responsibility for the crash by using various bad faith tactics. It’s important to be aware of these tactics and actions to ensure that you’re getting the compensation you deserve.
Find out what you should know about truck accident liability from your Edinburg truck accident attorneys.
Who Can Be Held Liable?
Truck accidents can happen for a variety of reasons, which means that many different parties can potentially be held responsible for an accident. In the event of a crash, the following parties could be held liable:
Yourself
The trucker
The carrier company
The truck loaders
The truck maintenance crew
The cargo manufacturers
The truck manufacturers
Road maintenance crews and agencies
Local government officials
After an accident, evidence and witness testimonies should be gathered to help determine liability. A truck accident attorney can gather the evidence needed to help you with your claim.
The Ways Trucking Companies Try To Deflect Responsibility
Because commercial trucking accidents can be quite expensive, trucking companies may try to deflect responsibility to avoid paying for damages. In an attempt to do so, trucking companies have created various types of tactics to weaken cases against them:
1. The Victim Is Blamed
In an attempt to avoid liability, the trucking company may use any mistakes you made prior to the crash against you. If you weren’t wearing your seatbelt or forgot to use your signal, the company may blame the entire crash on you.
In these types of instances, determining the cause of the crash is vital in protecting yourself.
2. The Victim Is Exaggerating Injuries
A trucking company may claim that the victim of the crash is exaggerating their injuries. This is a tactic used not only by trucking companies, but other defendants who are trying to deflect responsibility for a crash.
After an accident, it’s important to see a doctor and keep track of your medical records as evidence to protect you.
3. Electronic Evidence Is Destroyed
After an accident, especially those involving a large truck, evidence is key in determining liability. The trucking company may try to destroy electronic evidence, such as internal communications, scheduling records, and any other documents that could hold the company responsible.
To prevent this from happening, a motion should be filed that requires the trucking company not to destroy any electronic evidence.
4. Physical Evidence Is Destroyed
In a truck accident, the truck itself is often the largest piece of physical evidence. Because the truck is the property of the trucking company, they have the means to repair or dismantle the truck to destroy any physical evidence that could implicate them.
The best way to avoid this from happening is to once again file a motion that requires the trucking company not to make any changes to the vehicle until the situation has been resolved.
5. A Third Party Is Blamed
Blaming a third party is another tactic that trucking companies use to weaken your case and deflect responsibility from themselves. Getting a third party involved can stall the case and get in the way of you receiving full compensation for the crash.
In order to fight this tactic, a thorough investigation of the crash should be conducted immediately. An attorney can help you consider every angle that the trucking company may use to weaken this claim.
Hold the Trucking Company Responsible for Their Actions With the Law Office of Bobby Garcia
After a truck accident, the at-fault party should be held responsible for their actions. If a trucking company has been negligent and is deflecting responsibility, a truck accident attorney can help you handle your claim.