How Trucking Companies Try to Avoid Liability

This article is intended for educational purposes only and does not constitute legal advice.

Because commercial trucks are so much bigger and heavier than regular cars, truck accidents often cause catastrophic injuries and death.  A claim for injuries from a truck accident cannot be treated like a regular car crash, and it is important to act quickly even when liability or fault is unclear. When commercial vehicles are involved in a crash, trucking companies and their insurers often respond immediately and take steps to protect themselves from liability.   It is critical for anyone who is injured in a truck accident—or who has lost a loved one in a truck accident—to retain an attorney as soon as possible to prevent important evidence from being lost or destroyed.

Why Liability Can Be Complex in Truck Accident Cases

Figuring out who is responsible for a truck accident may not be as straightforward as in a case involving a regular car crash.  Unlike typical car accidents, truck accidents often involve multiple parties, hidden corporate employers, and more than one insurance company.  Trucking companies and truck drivers are required to follow safety rules and regulations that are meant to protect all of us on the road.  Professional truck drivers must go through training and get a special license to drive commercial trucks, and they are required to drive with extra caution because of the size and weight of their trucks.  What might, at first, seem like an accident where the injured person is to blame might actually be one that could have been prevented by a trucking company or truck driver following safety rules and regulations.  Even if police thought the injured person was “at fault,” there may be more to the story that an New Mexico trucking accident lawyer can unearth.

Common Approaches Used During Investigations

In the aftermath of a truck accident, companies and insurers may send a “rapid response” team of attorneys and accident reconstruction experts to the scene to take measurements, photographs and 3D scans; interview witnesses; download video footage and electronic data; and sift through paperwork and other evidence inside the truck.  While a rapid response is part of a company’s efforts to protect themselves from liability, trucking companies may—and should—also conduct an independent internal investigation to figure out whether they could have done something differently to prevent the crash.  An internal investigation is part of risk management but should also be designed to improve company policies and practices to prevent future crashes. If a company does not investigate a collision to figure out how it could have been prevented, that company is a danger to everyone on the road.

Conducting Immediate Investigations

Most trucking companies and their insurance companies begin investigating immediately after an accident.  Besides sending people to the scene, this can include reviewing driver records such as hours-of-service logs, data downloaded from the “black box” of the truck, and GPS and telematics data to understand what happened and why.

Reviewing Driver Classification

Companies may classify drivers as “independent contractors” instead of employees and may use this distinction to try to avoid responsibility.  But in most cases, even a driver who is classified by the company as an independent contractor is legally an employee for purposes of a lawsuit.  Understanding this distinction and the rules that make trucking companies responsible for the actions of “independent contractors” can be critical.

Examining Compliance with Regulations

Commercial trucking is governed by state and federal safety rules and regulations that are intended to prevent deadly crashes. After a crash, trucking companies should review whether these requirements were followed, including:

• Driving hours and rest breaks
• Drug and alcohol use and testing
• Vehicle maintenance
• Driver hiring, supervision and training

Violations of rules and regulations in these areas often play a role in determining whether a trucking company was negligent. Trucking companies and their insurers may try to avoid liability by hiding this information and will resist requests for documents that show they did not have appropriate systems in place to prevent crashes.  In many cases, an attorney must go to court and ask the judge for an order requiring the company to produce this information, a process that takes time and persistence.

Analyzing Available Evidence

Evidence such as electronic logging device (ELD) data, GPS and telematics records, video footage, and truck maintenance logs should be reviewed as part of the investigation. Modern commercial trucks contain a vast amount of data that can be used to piece together the truth about what happened, but this information can be quickly lost or destroyed.  An attorney representing an injured person must know what evidence might exist and how to get it.

Working with Insurance Companies

Insurance companies may also conduct their own investigations. This can involve reviewing reports, assessing damages, and evaluating potential claims based on policy terms.

Why Understanding these Processes Matters

Being aware of how trucking companies and insurers approach accident investigations helps attorneys to better understand how to recover fair compensation for injuries caused by a crash involving a commercial truck. It can also help in conducting a complete investigation and gathering the evidence needed to hold the trucking company accountable.

In most cases, a person injured by an accident with a truck will benefit from being represented by a lawyer who understands the trucking industry.

When to Consider Speaking with an Attorney

Consulting an experienced truck accident attorney like the team at McGinn Montoya Love Curry & Sievers, trusted New Mexico truck accident lawyers, can provide clarity about your situation and help you understand whether legal options may be available.

You may consider speaking with an attorney if the accident resulted in serious or long-term injuries, or the death of a loved one.

An attorney can review the facts and help explain potential next steps based on the circumstances.

Final Thoughts

Truck accident cases, when handled correctly, involve detailed investigation and require knowledge of the rules and regulations that trucking companies must follow.  A lawsuit may involve multiple defendants who played a role in causing the crash.  It is important to act quickly to make sure that the trucking companies and insurance companies do not lose or destroy evidence that can show why the crash happened and how it should have been prevented.

Consulting with an experienced truck accident attorney can allow those who have been injured by a truck crash to focus on their recovery, while the attorney handles the details of investigating a claim and filing a lawsuit.  Every situation is unique, and outcomes may vary depending on the specific facts.

Frequently Asked Questions

1. Why is it important to act quickly after a truck accident?

Modern commercial trucks typically contain a vast amount of electronic evidence that can help prove that a truck driver and/or trucking company was at fault. But if that evidence is not preserved, it could be lost forever. Physical evidence such as tire marks can also quickly disappear. Corporate records that can help show trucking company negligence can be destroyed if too much time passes. Trucking companies often begin investigating immediately. Acting quickly to retain an attorney can help even the playing field for people who are injured or who have lost a loved one in a trucking accident. .

2. What is the role of insurance companies in truck accident cases?

Insurance companies may review accident details, assess damages, and evaluate claims based on policy terms. It is important to retain an attorney who understands how to deal with commercial trucking insurance companies.

3. Does driver classification matter in these cases?

In trucking cases, a driver is typically considered to be an employee of the trucking company even if the company treats the driver as an independent contractor. However, this depends on the specific legal and factual circumstances.  It is important to have an attorney who understands the potential legal effects of how trucking companies classify their drivers.

4. What types of records are reviewed after a truck accident?

Experienced truck accident attorneys may obtain and review thousands of pages of records to determine who was at fault in a truck accident and how the accident occurred, and it is important that the attorney know what records to ask for.  These include driver hours-of-service logs, pre-trip and post-trip inspection reports, maintenance records, GPS and telematics data, data available from dashcam systems, engine control module data, driver employment records, and company safety compliance documents, just for starters. These types of documents can provide insight into the events leading up to the accident.

5. How can someone better understand their options after a truck accident?

Speaking with an experienced truck accident attorneys in New Mexico will help clarify the situation. Every case is different and depends on individual circumstances.

Disclaimer: The information provided in this article is for general informational purposes only and should not be considered legal advice. Every case is different and laws may change. Reading this article does not create an attorney-client relationship. If you have questions about your situation, contact McGinn Montoya Love Curry & Sievers for a free consultation. Click to set a meeting with a personal injury lawyer in Albuquerque, NM.