Truck accidents in Arkansas are not like car accidents. Due to the weight and size of commercial trucks, these vehicles cause far greater damage in a crash. Plus, seeking compensation through a truck accident claim is much more complicated and often includes multiple parties.
That’s why trucking companies and their insurance providers have great incentives to cover up wrongdoing and use tactics to avoid their financial obligation to you. Before pursuing a truck accident claim, seeking help from an experienced Arkansas attorney is important. Without legal representation, you could find yourself at a disadvantage.
How do trucking companies avoid liability after a crash?
Trucking companies have experience on their side; they deal with truck accidents all the time. They know how to manipulate the system and don’t hesitate to use these tactics against victims unfamiliar with the legal process.
The good news? Understanding their strategies can help you fight back and get the compensation you deserve. Here are some ways trucking companies might try to avoid liability.
1. Blaming the Truck Driver Instead of the Trucking Company
One of the easiest ways for a trucking company to avoid liability is by throwing the truck driver under the bus. Instead of acknowledging its role in the crash, the company may argue the driver acted alone.
For example, many trucking companies classify drivers as independent contractors rather than employees. This allows them to argue that they aren’t responsible for the driver’s actions. However, courts often look at the bigger picture. If the company controlled the driver’s schedule, training, or equipment, it could still be liable.
Some companies will even immediately cut ties with drivers involved in serious trucking accidents. This tactic makes it seem like the company had no control over the driver’s actions, even if they pushed them to meet unreasonable deadlines.
Additionally, if a driver was drowsy, distracted, or driving recklessly, the company may claim they had no way of knowing. But if the company encouraged long shifts, ignored safety violations, or failed to provide proper training, they share the blame.
2. Hiding or Destroying Evidence
Trucking companies know that solid evidence can prove fault, so some take steps to make key information disappear. If you wait too long to take legal action, you may find that key records are missing or have been altered. Here are some examples:
- Tampering with black box data: Most commercial trucks have an electronic control module that records speed, braking, and engine performance. This data can help prove negligence, but companies may withhold or even erase it.
- Altering maintenance records: Many truck accidents happen because of poor maintenance, but companies may change or discard records to hide their failure to keep vehicles safe.
- Losing dashcam footage: Some trucks have cameras that capture what happens on the road, but if the footage doesn’t support the company’s defense, it might suddenly “disappear.”
3. Manipulating Driver Logs to Hide Fatigue
Truck drivers must follow federal rules limiting how long they can drive without resting, but some companies push their drivers beyond legal limits. When a crash happens, they scramble to cover their tracks. Here’s how:
- Encouraging drivers to falsify logbooks: Before electronic tracking, drivers kept handwritten logs, which could be easily altered. While electronic logging devices (ELDs) now track hours automatically, some companies still find ways to manipulate the data.
- Using electronic loopholes: Some companies tell drivers to switch their ELD status to “personal use” while still working, making it appear as if they took their required breaks. Others tamper with or disable the device to erase records.
- Claiming driver fatigue was not their fault: Even when a crash clearly resulted from exhaustion, companies may argue that they didn’t know the driver had exceeded their hours. However, they are just as responsible if the company sets impossible deadlines.
4. Hiding Behind Shell Companies and Insurance Gaps
Some trucking companies play a shell game to avoid paying crash victims. They create multiple business entities and shift liability around, making it harder to hold them accountable.
For example, they often hire smaller, less stable carriers for certain jobs. If a crash happens, the larger company may claim it had no involvement, which forces victims to pursue claims against a company that may not have the resources to pay.
Federal regulations require trucks to carry insurance, but some companies only meet the bare minimum. Victims may be left without enough compensation if the damages exceed policy limits.
Some companies facing major lawsuits dissolve their business and reopen under a different name, a tactic known as chameleon carriers. This allows them to continue operating while avoiding financial responsibility for past accidents.
5. Blaming External Factors
Trucking companies rarely admit fault outright. Instead, they often try to shift blame to anything other than their driver or company policies. If a crash happens on an icy road or a construction zone, companies may claim the conditions caused the crash.
Even if a tractor-trailer’s brakes fail due to poor maintenance, companies may argue that a defect, not negligence, caused the failure.
6. Rushing Victims Into Quick, Lowball Settlements
After a truck accident, you may be overwhelmed with medical bills and lost wages. Trucking companies and their insurers take advantage of this desperation by offering quick, lowball settlements. These offers may seem like a lifeline, but they rarely cover the full cost of long-term medical treatment or lost income.
Many settlement agreements prevent victims from seeking further compensation, even if their condition worsens. Some insurance representatives use complicated language to make victims believe they have no better options.
However, you should never accept a settlement without understanding its full impact. Consulting a lawyer can prevent costly mistakes.
7. Using Aggressive Legal Tactics to Delay or Deny Claims
Trucking companies have deep pockets and teams of lawyers whose job is to reduce your compensation. They use legal maneuvers to make the process difficult for victims. For example, they often delay proceedings, hoping you’ll get frustrated and accept less.
Plus, they challenge injury claims, arguing that pre-existing conditions, not the crash, caused the pain.
When to hire an Arkansas truck accident lawyer
When you’re facing painful injuries, mounting medical bills, and uncertainty after a truck accident, the last thing you need to deal with is a company (and its insurance provider) trying to downplay your claim or deny you compensation.
If the crash wasn’t your fault, you shouldn’t have to pay out of your own pocket. With decades of experience handling truck accident cases, McDaniel Law Firm, PLC knows how to push back against these tactics, uncover the truth, and fight to hold negligent trucking companies accountable.
However, it’s important to act fast before evidence disappears and insurance companies get leverage over your claim. There’s also no financial risk to you. We take truck accident cases on a contingency fee basis, meaning you pay nothing unless we win your case.
Your initial consultation is free, and there are no obligations. To find out how we can help you, contact us online or call our Jonesboro law office for a free consultation.
