Getting into an accident with a commercial truck is stressful enough on its own. What many victims often don’t expect, however, is how aggressively the trucking company will work to distance itself from responsibility after the fact. These are large businesses with experienced legal teams and insurance adjusters who start building a defense almost immediately after a crash occurs.
If you’ve been hurt in a truck accident in Texas, knowing the tactics these companies use can help you avoid common pitfalls that could weaken your claim. Here’s what you should be aware of.
Blaming the Victim
One of the first moves a trucking company’s insurer will make is to look for ways to shift fault onto you. Texas follows a modified comparative fault law, meaning your compensation is reduced by your percentage of fault. Further, if they can push that number to 51% or higher, you lose your right to recover anything at all.
This is why what you say at the scene of the accident and in conversations with insurance adjusters could impact your claim significantly. An off-the-cuff, casual apology can potentially be twisted into an admission of fault later on.
Using Independent Contractor Classifications
Many trucking companies classify their drivers as independent contractors rather than employees. This distinction is important because a company can argue it shouldn’t be held liable for the actions of a contractor the same way it would for a direct employee.
In practice, though, the line between employee and contractor isn’t always as clear as the company wants it to be. If the carrier controlled the driver’s route and schedule, for instance, a court may still find that an employment relationship existed regardless of what the contract says. An experienced personal injury attorney in El Paso will know how to challenge this defense.
Withholding Evidence
Trucking companies are required to maintain certain records, including driver logs, maintenance reports, and black box data. However, that doesn’t mean every company plays by the rules. Some carriers have been known to “lose” key documents or allow electronic data to be overwritten after a crash.
This is one of the biggest reasons to hire an attorney quickly after an accident takes place. Your personal injury lawyer can demand that the company preserve the relevant evidence before it disappears. If the company destroys evidence after receiving that notice, it can face serious legal consequences.
Sending Adjusters to the Scene
It’s not unusual for a trucking company to send its own investigators or insurance adjusters to the accident scene within hours of a crash. Their job isn’t to help you. Rather, they’re there to gather information that supports the company’s version of events and to look for anything that could be used against you later.
If an adjuster contacts you directly, you’re under no obligation to give them a recorded statement or sign any documents. Politely decline and let your attorney handle the communication from that point forward.
Call Cal Mundell Law Firm, PLLC for Help With Your Truck Accident Claim
Trucking companies have extensive resources to defend themselves against personal injury claims. Having a qualified truck accident attorney on your side levels the playing field and makes it much harder for them to use these tactics against you successfully.
Contact Cal Mundell Law Firm, PLLC for a free consultation today at (915) 250-0700. We’ll do everything in our power to help you make the most of your claim.