When you have been involved in a devastating truck accident, you expect the trucking company to step up and take responsibility for the harm caused by their driver or vehicle. Unfortunately, many trucking companies prioritize protecting their bottom line over doing what’s right for accident victims.
From disputing liability to using legal loopholes, trucking companies have several tactics they often use to limit their accountability. It is essential to work with a truck accident attorney in Baton Rouge who can help you fight back against these strategies and secure the compensation you deserve.
Limiting Your Access to Internal Evidence
Trucking companies often move quickly to restrict access to critical evidence that could prove their liability. Within hours of an accident, they may dispatch their own investigators to gather evidence that supports their version of events. At the same time, they might make it difficult for you to access internal records, like maintenance logs, driver qualification files, or black box data.
These companies know they must preserve certain records under federal law, but they may claim some documents were lost, destroyed, or never existed. They might also attempt to shield evidence by claiming it contains trade secrets or confidential information. Without legal representation, you may struggle to obtain the evidence you need to build a strong case.
Claiming That Someone Else Caused the Accident
Trucking companies usually try to pin the blame on someone else involved in the crash. They might say you were driving too fast, following their truck too closely, or didn’t use your turn signal. By pointing the finger at you, the company can reduce or even eliminate the compensation that they owe.
Their investigators and accident reconstruction experts work to build alternative theories about how the crash occurred. They might suggest that road conditions, other drivers, or vehicle manufacturers bear responsibility instead of their driver or maintenance practices. An attorney can help you fight these claims by gathering surveillance footage, interviewing witnesses, and working with experts who can prove your version of events.
Hiding Federal Safety Violations
Trucking companies are required to follow safety rules established by the Federal Motor Carrier Safety Administration (FMCSA). When they violate these regulations, it can directly contribute to serious accidents—and open the door to liability.
Key FMCSA rules require companies to:
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Ensure drivers are qualified and properly licensed
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Enforce Hours of Service limits to prevent fatigue
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Regularly inspect and maintain vehicles
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Conduct drug and alcohol testing
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Maintain detailed records on safety and operations
Violations of these federal standards are more common than many people realize. From skipped maintenance to overworked drivers, these lapses can play a major role in causing a crash. Proving these violations is often key to holding a trucking company accountable.
Hiring Drivers as Independent Contractors
Many trucking companies attempt to distance themselves from liability by classifying their drivers as independent contractors rather than employees. Employers are generally liable for the actions of their employees on the job. With an independent contractor arrangement, the company can argue that it is not responsible for the driver’s actions, even though it often maintains significant control over how the driver operates.
The company may provide the truck, set delivery schedules, and require drivers to follow certain policies while claiming they have no legal responsibility when accidents occur. However, the Code of Federal Regulations sets clear guidelines on trucking company responsibilities, including driver qualifications, vehicle maintenance, and hours-of-service rules.
Proving the truth requires looking closely at contracts, company rules, and how the company actually treats its drivers day to day. If you can show that the company maintains control that falls outside of the scope of a contractor relationship, or that the company’s actions caused the accident, you can prove liability.
Trust a Baton Rouge Car Accident Lawyer to Protect Your Rights
When you are going up against a trucking company, you need a car accident attorney in Baton Rouge who understands these tactics and knows how to counter them effectively. Babcock Injury Lawyers will work to preserve evidence, interview witnesses, and build a strong case on your behalf. Call us today at (225) 500-5000 or fill out the form for a free consultation and learn how they can help seek the compensation you deserve.