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How Trucking Companies Try to Avoid Liability After Accidents

Posted by Bruce B. Brusavich | Nov 11, 2020 | 0 Comments

Large commercial truck accidents have the potential to produce vast, catastrophic damages for victims with which they collide. Litigating these accidents is a complicated task because there can be one party at fault or many, and your California personal injury attorney will need to determine who is responsible for paying for your damages. Trucking companies are notorious for trying to get out of accepting any responsibility for accidents that happen with their truckers. 

If you have been the victim of a California large truck accident, you probably have experienced severe injuries, property damages, and even have had to endure a massive emotional toll from your incident. You will need to ensure you obtain all the money necessary to help you pay for your damages, and in many situations, settlement amounts for accidents where large trucks are involved tend to be high. A trucking company is going to try everything they can to avoid having to have their insurance payout these large settlement amounts to victims.

How Do Trucking Companies Try to Avoid Liability After an Accident?

There are many dishonest tactics that trucking companies have been known to employ to cheat victims out of the fair settlement amounts that they are entitled to. One common practice is for trucking company lawyers, insurance adjusters, and other representatives to get to the accident scene rapidly after an accident takes place so they can find any evidence and alter or destroy it. Even though this practice is not legal, it still nevertheless happens. Trucking companies may also try to wipe out business files and documents regarding Federal Motor Carrier Safety Administration regulation violations and past accident history for a driver so that they don't have to hand over this evidence to a California car accident attorney.

Additionally, trucking companies will try to structure the way that they run their business in such a way as to shield themselves from liability. Trucking companies often will lease their trucks to drivers so that they can say the drivers are not their employees but are independent contractors. While this tactic used to work, after Congress made changes to FMCSA regulations and laws in 1956 this strategy is no longer valid. The chances to the FMCSA regulations state that even though a trucking company may lease trucks to drivers, they are responsible for the truck while it is operating meaning that in the event of a crash, the trucking companies can still be held to account.

Do You Need to Speak with a California Catastrophic Injury Attorney?

Changes to FMCSA regulations were necessary to make trucking companies hold responsibility for the devastation that happens after a large truck accident. A trucking company's legal team will still try to argue the independent contractor angle, but an experienced Torrance catastrophic injury attorney with experience with large truck accident cases will easily be able to shut down those justifications.

When you need peace of mind to know that your case will be handled professionally with the most experienced and talented California personal injury lawyers in Torrance, California call AgnewBrusavich. The Torrance legal team at AgnewBrusavich will fight aggressively to protect your rights and to ensure you receive a fair settlement. Call AgnewBrusavich today at (310) 928-9081 to schedule your free consultation.

About the Author

Bruce B. Brusavich

Principal

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