5 Facts About How Trucking Companies Defend Themselves
Truck accidents leave many injured motorists with significant injuries. The sheer weight of 18 wheelers and other large trucks can destroy a smaller car and send people to the emergency room. Unfortunately, injured victims face many challenges after a crash, one of which is getting the trucking company to admit liability.
The reality is trucking companies are often to blame, either because the truck was too dangerous to drive or the company is automatically liable when an employee is negligent. However, trucking companies aggressively defend themselves. Here are 5 fast facts you need to know about how South Dakota truck companies defend themselves.
1. The Trucking Company Will Send Investigators to the Scene
These investigators usually show up within one or two hours. They start collecting evidence, taking photographs, and talking with witnesses. They are gathering evidence on behalf of the trucking company, not you. This evidence could be critical, so you need a lawyer who knows how to gain access to it.
2. The Trucking Company Might Blame You for the Accident
Comparative negligence matters in South Dakota. If you are partially at fault, you will receive less compensation or possibly no compensation at all.
Don’t be surprised if the trucking company blames you for the accident. They might allege you were tailgating or cut off a big rig, precipitating a crash.
3. They Can Dispute the Severity of Your Injuries
A trucking company hires large insurance companies to defend them. These companies will go over any medical bill you submit with a magnifying glass. They can scan your social media profiles to see if you went on a trip, which they will use as proof you aren’t injured.
4. They Might Force You to Sue
Our office can typically negotiate a settlement with a trucking company or its insurer, once we prove liability. But some big transportation companies might refuse to settle, even if fault is clear. They force you to file a lawsuit in court and present evidence proving the trucker is at fault.
Do not try to tackle your case on your own. We know how to meet deadlines and file lawsuits in the right court. If the trucking company is located out of state, we can serve notice of the lawsuit using proper methods.
5. Trucking Companies Might “Lose” Evidence
In many cases, the electronic logging device on the truck contains important information. It might show how long the trucker was in motion that day, which in turn could show the trucker was likely fatigued.
Trucking companies might fail to preserve the evidence or claim they can’t find it. Hire a law firm with the right experience in truck accident cases. We can quickly send notices to the company informing them of their duty to preserve all relevant evidence.
Contact a Sioux Falls Truck Accident Lawyer at Your Convenience
A Sioux Falls truck accident lawyer at Hoy Law is eager to listen to your story and advise you on next steps. We can negotiate with the trucking company or another defendant for a fair settlement. Call us today to schedule a free consultation.
Source:
eld.fmcsa.dot.gov/About
