Trucking companies may use a variety of strategies to limit their liability in the event of a crash involving one of their vehicles. Understanding these tactics is critical if you’re seeking compensation for injuries sustained in an accident with a commercial truck, as they can affect your claim’s outcome directly. Our Las Vegas truck accident lawyers share the most common ways a trucking company tries to avoid liability after an accident:
Shifting the Blame
One of the most common strategies is to shift the blame away from the company and its driver. This can involve pointing fingers at other drivers involved in the accident, blaming road conditions, or even suggesting the victim was at fault. By doing this, trucking companies aim to reduce their liability or escape it altogether.
Comparative Negligence in Las Vegas, Nevada
In Nevada, the principle of modified comparative negligence comes into play in trucking accidents. Under this doctrine, a victim can still obtain compensation for their injuries and losses even if they are partially at fault for the accident, provided their level of fault is less than that of the defendant(s).
However, the compensation awarded will be reduced by a percentage equal to the victim’s degree of fault.
NRS 41.141 When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants.
1. In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff’s decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.
For instance, if a court determines that the victim was 20% responsible for the accident and the damages amount to $100,000, the victim would be eligible to receive 80% of the damages, or $80,000. This means the trucking company has an incentive to show that even if it wasn’t entirely your fault, you played a part in causing the accident.
Questioning the Evidence
Trucking companies will scrutinize every piece of evidence, looking for ways to discredit the victim’s account of the incident. This can involve challenging the accuracy of police reports or questioning the reliability of witness testimonies. The goal is to create doubt in the minds of insurance adjusters, judges, and jurors.
Regulatory Compliance Claims
Trucking companies might also defend themselves by claiming strict adherence to all relevant regulations and laws. They could present documentation of compliance with vehicle maintenance, driver training, and hours of service regulations as a shield against liability.
Minimizing Plaintiff’s Injury Claims
Trucking companies may employ strategies to minimize the perception of injuries sustained by plaintiffs in accidents involving their vehicles. This tactic involves disputing the severity of injuries, questioning the necessity of medical treatments, or suggesting that pre-existing conditions are to blame.
Insurance Tactics
Trucking companies often have extensive insurance policies designed to protect their assets. However, dealing with these insurance providers can be a nightmare for victims. They may encounter unreasonably low settlement offers, delayed responses, or outright denials, all tactics meant to pressure victims into giving up their pursuit of fair compensation.
Fighting Back Against Trucking Companies
For individuals injured in trucking accidents, these strategies can present significant legal hurdles. However, with the right approach and legal assistance, it is possible to counteract these tactics effectively. Here are a few strategies:
- Detailed Documentation: Gather and preserve all evidence related to the accident. This includes photos, medical records, and witness contacts.
- Seek Legal Expertise Early: Consulting with a personal injury lawyer experienced in trucking accidents can level the playing field. They can offer strategic advice and take swift action to secure evidence.
- Independent Investigation: Your legal team can conduct an independent investigation to counteract the narrative pushed by the trucking company.
- Expert Witnesses: Employing experts in fields like accident reconstruction or medical care can strengthen your case.
While confronting the tactics of trucking companies can be overwhelming, arming yourself with the right legal representation and following these steps can enhance your chances of getting the compensation you deserve. If you need assistance after a trucking accident, let us help you. Contact us today to schedule a free consultation.
