Truck accidents can be devastating, often resulting in severe injuries, fatalities and considerable property damage. While victims of such crashes usually expect compensation from the trucking company involved, the path to justice is rarely straightforward.
Many trucking companies are well-versed in shielding themselves from liability through legal and procedural tactics. The most common strategies they use are to avoid responsibility.
1. Shifting blame to the truck driver
They argue that the accident occurred due to the driver’s negligence, such as:
- Exceeding the speed
- Driving while sleep deprived
- Multitasking behind the wheel
- Driving while impaired by illicit substances
While it’s true that drivers can make mistakes, companies often downplay or ignore their role in creating unsafe working conditions. For example, unrealistic delivery schedules may pressure drivers to exceed legal driving hours or skip rest breaks, contributing to fatigue-related accidents.
2. Destroying or withholding evidence
Trucking companies may delay providing data from:
- The truck’s “black box” (electronic logging device)
- Onboard video footage
- Maintenance records
These delays are strategic, giving the company time to assess legal exposure and potentially eliminate damaging evidence.
3. Claiming lack of direct control
Another frequent defense is that the trucking company had no direct control over the vehicle or its cargo at the time of the accident. This is particularly common when third-party logistics providers, subcontractors or leasing companies are involved.
By creating complex layers of responsibility, trucking companies dilute their legal exposure. For example, a truck might be owned by one company, driven by a contractor from another and transporting goods for a third. If a crash occurs, each party may point fingers, claiming limited liability.
While trucking companies have the right to defend themselves, the tactics they use to avoid liability can prevent victims from receiving fair compensation. Victims should act quickly, secure legal guidance and preserve crucial evidence to stand a chance against these well-resourced companies.