Tactics Trucking Companies Use to Avoid Paying Truck Crash Victims
According to the U.S. Department of Transportation, there were 156,553 large truck accidents throughout the United States in 2023. Those affected have the right to pursue compensation if there were injuries and damages.
While many trucking companies act ethically and responsibly, others employ questionable practices to minimize their costs and push accident victims into difficult situations.
When an unscrupulous trucking company is involved in an accident, they often try to avoid paying the victims. Unfortunately, some companies use a variety of tactics to reduce or eliminate their financial responsibility.
Here are some of the most common tactics trucking companies use to avoid paying accident victims.
Deny Responsibility and Shift the Blame
One of the most common strategies trucking companies use is to deny that they are at fault. They may argue that the accident was caused by something outside their control, such as poor road conditions or mechanical failure.
Sometimes, they will even claim that the driver was not on duty or was not acting within the scope of their employment. In these cases, the driver would be solely responsible for any damages.
Misreport the Accident
Some trucking companies try to minimize the seriousness of an accident. They can do this by downplaying the facts or even misreporting them. Sometimes, they may classify a major incident as a “minor” accident. In turn, the insurance company or authorities will treat it with less seriousness.
Often, this could mean trying to avoid reporting the full extent of the damage or injuries to their insurance provider. As a result, that could lead to lower claims and fewer consequences for the company.
Trucking companies might even go as far as to argue that the accident was “non-preventable” in an attempt to avoid blame. This can lessen their liability. However, that means that victims may not receive the compensation they deserve.
Use Legal Structures to Avoid Liability
Trucking companies often have legal and financial structures designed to protect themselves from lawsuits and liability. For example, some companies operate under multiple subsidiaries or hire independent contractors instead of full-time drivers.
This can make it difficult for accident victims to figure out who is actually responsible for the accident. Many times, it can delay or prevent them from getting compensation.
In some cases, the company will argue that the driver was employed by a subsidiary or an independent contractor, not the main company. As a result, they are not liable for the accident.
Offer Low Settlements
By dragging out the claims process, they hope to wear victims down until they give up or accept an insufficient settlement. Many victims struggle with injuries, medical bills, or lost wages. They may feel pressured to take whatever offer comes their way, even if it is far less than they deserve.
Trucking companies might also try to convince victims that their injuries are not as serious as they claim. These tactics are designed to minimize their payouts.
Use Non-Disclosure Agreements (NDAs)
In some cases, trucking companies offer victims a settlement in exchange for signing a non-disclosure agreement (NDA). With that, the victim is prevented from publicly discussing the case or settlement terms.
Unfortunately, this often means that the victim might be forced into an agreement that does not fully compensate them for their injuries or losses.
Dispute the Victim’s Injuries
Another way trucking companies try to avoid paying accident victims is by challenging the severity of their injuries. They may hire their own experts, including doctors or accident reconstruction specialists, to claim that the injuries are not as severe as the victim reports.
Sometimes, they may state that the injuries were pre-existing. This tactic can make it much more difficult for victims to prove their case.
The trucking company might even claim the victim was partially at fault for the accident. This can create many legal hurdles and push victims to fight harder for their rightful compensation.
Require Arbitration Instead of Going to Court
Many trucking companies include arbitration clauses in their contracts. That means disputes must be resolved outside of the courtroom.
While arbitration might sound like a faster or easier option, it often favors the trucking company. The process is less transparent and formal, and victims may have less chance to appeal an unfavorable decision.
Delay the Legal Process to Exhaust Victims
Sometimes, trucking companies drag out the legal process. They are hoping the victim will give up out of frustration.
They might delay important steps like gathering evidence or responding to legal motions. This tactic can be damaging if key witnesses forget important details or the victim becomes exhausted from the prolonged battle.
The longer the case drags on, the less likely the victim will have the strength or resources to continue fighting.
While many trucking companies are committed to doing the right thing and fairly compensating accident victims, there are some that will go to great lengths to avoid paying.
From denying responsibility to offering low settlements, these tactics are designed to minimize their financial exposure. You need to be aware of these strategies and work with an experienced truck accident lawyer in Reno.
At the Law Office of Matthew L. Sharp, we are committed to help you get the compensation you deserve. Find out how we can assist with your claim.