Trucking companies try to avoid responsibility for accidents in a number of ways. Common tactics include destroying evidence, blaming the victim, classifying drivers as independent contractors to distance themselves from liability, sending rapid response teams to the scene before you have a chance to gather your own evidence, and pressuring victims into accepting low settlement offers before they understand the true value of their case. Knowing what to expect can help you protect yourself in the event of a truck accident. After a wreck, consider consulting an experienced big rig accident attorney in Nashville to protect your ability to seek compensation for your injuries.
Tampering With Evidence
One of the most effective ways a trucking company can hurt your case is by making key evidence disappear. Electronic logging device data and other important records can be lost if no one steps in and demands that they be preserved.
This is why acting fast is likely in your best interest. Your attorney can send a letter to the company putting them on legal notice that they must preserve all records related to the accident. Without that step, critical evidence may be gone before your case even gets started.
Blaming the Victim
Tennessee follows a modified comparative negligence standard with a 50% bar. That means if the trucking company can pin 50% or more of the blame on you, you would be barred from recovering damages under state law. Otherwise, you can still recover compensation, but your damages can be reduced based on your assigned percentage of responsibility.
Expect the trucking company’s insurer to look for any reason to shift blame in your direction. After all, these are for-profit businesses that want to make as much money as possible, not pay you the full value of your claim.
Classifying Drivers as Independent Contractors
Some trucking companies try to avoid liability by classifying their drivers as independent contractors rather than employees. The logic is simple: if the driver isn’t technically their employee, the company argues it shouldn’t be held responsible for the driver’s actions.
However, this tactic doesn’t always hold up in court. The court may look at the actual working relationship between the driver and the company, not just what the contract says. If the company controlled the driver’s schedule and work conditions, a court may still treat the driver as an employee for liability purposes.
Sending Rapid Response Teams to the Scene
Many large trucking companies have rapid response teams that rush to the scene of a wreck as soon as it happens. These teams are not there to help you. Rather, their job is to gather evidence that supports the trucking company’s position and to start building a defense before you’ve even had a chance to talk to an auto accident lawyer in Nashville.
This can put you at a major disadvantage if you don’t have someone advocating for your interests early in the process.
Pressuring Victims Into Quick Settlements
Insurance companies working on behalf of trucking companies often reach out to victims within days of the crash with a settlement offer. These offers are almost always far below what the case is actually worth. The goal is to close the file before you’ve had time to understand the full extent of your injuries and consult with an attorney.
Once you accept a settlement, you give up your right to pursue any further compensation. That’s why it’s important to speak with a truck accident lawyer before agreeing to anything.
Set Up a Free Consultation With a Tennessee Truck Accident Attorney
Trucking companies have teams of lawyers and adjusters working to protect their interests after a wreck. You deserve someone fighting just as hard on your side. An experienced truck accident attorney with Woodard Injury Law can see through these tactics and make sure your rights are protected from the start. Reach out today at (615) 314-4626 for a free consultation to learn more.