Bringing claims against large trucking companies comes with both legal and practical barriers. These types of companies tend to have numerous resources and legal representatives ready to protect their liability claims, which makes it difficult for the claimant.
These self-serving decisions will have the greatest influence on avoiding liability and they are also the elements of the trucking company’s aggressive defense tactics and commercial actions to avoid or minimize any compensation.
Additionally, the investigation must rely on extensive evidence, including accident reports and driver logs, along with company records, which are often very hard to acquire.
Understanding the Legal Framework for Trucking Company Claims
Applicable Federal and State Regulations
Trucking companies operate under both federal and state regulations and oversight by the Federal Motor Carrier Safety Administration (FMCSA) Federal regulations establish minimum requirements for driver qualifications, hours of service, maintenance and inspection of trucks, etc. The objective is to implement regulations to assist in reducing accidents.
States implement a regulatory framework for licensing and add regulations with respect to liability, as well as their regulatory framework. This compliance is important as violation of federal or state statures may be used to prove negligence. Courts will also look at the parties’ compliance with respect to these regulations when considering the issue of fault.
The federal regulatory scheme also contains regulations with respect to the handling of cargo, electronic logging devices (ELDs), and drug testing. As part of the analysis of the claims the Plaintiffs are going to want to comply with these factors to establish the trucking company’s responsibility in the crash/injury.
Types of Claims Brought Against Trucking Companies
Claims brought against trucking companies generally involves three claim types; personal injury, wrongful death, and property damage. Personal injury claims arises from some form of physical injury caused by the truck accidents. Wrongful death claims arises from someone death/dying as result of negligence.
Property damage claims come from damage to vehicles, cargo, or other property, included here are claims involving damage to property in collisions and accidents with trucks. Certain claims may also involve claims alleging contract breaches or employment disputes (such as negligence, intentional torts, employment discrimination) against the trucking companies.
Each claim type may contain different levels of evidence and different burdens of proof, with some types of claims civil statutes specifically identifying the burden of proof required.
Unlike personal injury and wrongful death claims supporting evidence frequently includes medical records, accident reconstruction reports, and eyewitness testimony. Therefore, property damage claims will generally only focus on repair costs and insurance valuations.
Liability of Trucking Company
Liability is mostly determined on whether the trucking company and the employees followed any and all regulations and when they were operating in a safe manner. Liability can be direct, such as a truck driver’s negligent acts or vicarious, in which the company is liable for the acts of its employee.
Further, liability can arise from many issues, such as driver fatigue, vehicle maintenance failures, and inadequate training, and lack of adherence to the safety requirements. Trucking companies may be responsible for violating federal safety standards, and/or failing to remedy known risks.
Insurers are also important and where trucking companies are likely to have large liability policies. However, you need to establish liability before triggering the coverage. It is important to establish some reasonable proof that the trucking company was negligent or violated one of the rules under the regulations.
Common Challenges in Pursuing Claims
Corporate Complexity
Large trucking companies often have a multi-layered corporate structure to limit liability. There can be a parent company, multiple subsidiaries, leasing companies, and independent contractors who operate the trucks. All of this creates a haze of responsibility and makes it difficult to figure out who to sue.
You need to investigate and follow ownership and control of the vehicle involved in an accident. In cases, like in Greenville, SC, it can take a lot of discovery to be able to go behind the corporate veil. This can prolong cases and significantly drive up legal costs.
Aggressive Law Firms
Trucking companies usually have very experienced attorneys that specifically defend trucking lawsuits. Their attorneys will try to delay and slow proceedings at every possible turn using fairly aggressive procedural tactics to reduce defendants negotiating leverage. Their standard defenses are to challenge the validity of the evidence and the credibility of witnesses.
They will often issue demands for the delivery of documents with specific detail and timely deadlines, which will require time to research, collect and review. There are ambiguities in law, regulations and opinions they will utilize to limit their financial exposure. You have to be willing to play the long game.
Challenges with the Insurance Company
The insurance companies that insure the large trucking businesses will try to limit liability because they are ultimately responsible for the payout to the injured parties.
They will examine and comb through the medical records, accident report, and log books for drivers look for reasons to deny coverage altogether, or minimize the claims compensation. They will offer low settlements very early after the accident as a way to close the claim and dissuade the claims party from pursuing a claim.
Understand also, the insurance issues can be complicated as there could be multiple insurance coverages with various coverage limits. It takes specialized experience to figure out which policies apply to the accident, what the limits are and what compensation you can recover. The professionals handling truck accident cases in Greenville SC stress the necessity of strictly examining policies.
Disputes over Fault and Causation
A typical defense for a trucking company and truck insurer is to dispute fault by asserting that some other actor is at fault including the driver, the conditions of the road and/or the fault of others. There can also be disputes over the issue of causation of the extent and causation of other parties claims which can require accident reconstruction and/or expert testimony.
Evidence such as black box data, pertinent video footage, and witness statements are critical to proving fault. The very evidence that can prove fault can be complex to obtain and require expert analysis for interpretation. Do not go it alone in these type of cases, you will need strong legal representation to address these issues.
The Role of Evidence in Building a Strong Case
Collecting and Preserving Physical Evidence
Physical evidence – vehicle damage, skid marks, or debris- assists reconstruction of the accident. Photographs and videos taken immediately after the crash serve as evidence and capture the record accurately before the information changes.
It is essential to secure the truck and its parts, like black boxes or event data recorders. These devices log speed, braking, and G-sensors. If you can’t secure, preserve or document the evidence, you will have a reduced case.
This category also refers to witness statements and accident reports and should be collected shortly after the crash occurs to properly represent and lay the groundwork for the proof of fault and severity of injury.
Getting Access to Driver and Company Records
Trucking companies have records, and sometimes those records provide very relevant information about the driver and the vehicle’s condition. The records include logbooks that document the hours of service driven, records of the vehicle’s maintenance, and other employee reports.
These records also include the results from drug and alcohol test requirements by the driver to show past employee negligence or past or future regulatory violations contributing to the crash.
Most requests for these records require a subpoena or motion for discovery. Thus, trucking companies are unlikely to voluntarily provide this evidence and most will try to delay or resist providing these records. Therefore, obtain the necessary legal expertise and assistance timely in regards to getting these records.
Using Expert Witnesses
Experts clarify to judges and juries and interpret any complex evidence. Accident reconstruction experts study the physical evidence to explain the manner in which the collision happened. Medical experts consider medical causation and severity of the injury and connect the damages to the crash. Safety and regulatory experts look at compliance of federal and state trucking rules and regulations.
Expert testimony can rebut or expand limitation arguments by the defense and further strengthen liability and compensatory arguments. Selecting experts that are well qualified and have relevant experience so they can present evidence credibly is also crucial.
Negotiating With Large Trucking Companies
Knowing Settlement Strategies
Large trucking companies use aggressive settlement tactics to limit payouts. They may give claimants an offer for a low amount to put pressure on the claimant to accept an offer much less than deserve.
Companies may use their legal teams to identify weaknesses in the claim and take advantage of them in negotiation. They may dispute liability or exaggerate the claimant’s contribution to the fault.
It is important for claimants to gather solid evidence early on and not rush into or accept a settlement offer. Claimants should prepare for a long negotiation time and this will ensure the claimant’s chance of obtaining adequate compensation in the end.
Facing Delays and Denials
Trucking companies will temporize discussions over claims to frustrate and wear down claimants. Instances can include temporizing investigations and renewed requests for voluminous documentation.
The denials from trucking companies can be common… even when liability is obvious and evident. It is common for claimants to have to be productive in pushing back against the denials. To be effective and push against delays, claimants will need to have documentation of all conversations and timelines.
Legal advice can help tamp down companies treating claimants with deliberate delays or denials. Claimants will often find that a prospect of timely follow up and formal written demand for cooperation will encourage a more responsive behavior on the part of the company.
Determining Reasonable Compensation
Determining reasonable compensation takes review of all losses and damages that are related to the incident; this includes considering medical bills, loss of wages, damage to property, and intangible or non-monetary losses like pain and suffering.
Large trucking companies often do not attach a high level of value to intangibles; therefore, it can be helpful for the claimant to document how they have been affected including the lost quality of life. When a claimant uses an expert’s report to quantify their losses, it gives some credibility the claims.
When a claim package is clear, concise, and itemized, it typically helps to eliminate any uncertainties that the trucking company rely upon to offer little or no compensation. Careful calculations on the claim package can also assist claimants to remain grounded, but still be as global as possible, to get the full losses rather than accepting amounts much less than the loss.
Legal Strategies and Professional Support
Challenging large trucking companies is impossible without effective legal strategies and professional guidance. Having specialized knowledge, local experience, and a skilled court player can drastically improve the chances of recovering satisfactory compensation.
The Value of Knowledgeable Legal Representation
Having an attorney with experience handling truck accident cases in Greenville, SC is crucial. Large trucking companies have been deployed virtually every legal defense tactic imaginable and have a vast amount of resources available. An attorney with experience employing specific tactical elements in particular cases can anticipate these tactics and apply that understanding strategically.
When preparing, experienced attorneys request and examine detailed evidence that is important to the case such as driver logs, maintenance records, and the black box from the vehicle. They also understand federal trucking regulations that may be relevant to determining liability.
All of this depth of knowledge can be invaluable when case makers negotiate or litigate a case. When prosecutors or claimants do not put this level of research and investigation into a case, they risk devaluing their case or prematurely settling for far less than they should.
Using Local Knowledge in Greenville, SC
Attorneys experienced in truck accidents in Greenville, SC have significant advantages. They are familiar with the local courts, judges, and opposing counsel; knowing their tendencies and foibles allows them to approach case strategy with a regional bias.
In addition to local knowledge, local attorneys maintain relationships with local medical providers and accident reconstruction experts, all of which allow the attorney across Greenville, SC to prepare the strongest case possible for their clients.
They also keep abreast of local procedural requirements relevant to truck accident cases, which can be somewhat unique in South Carolina. A local lawyer will know when to serve a Notice of Claim or a Request for Discovery to ensure that procedural steps are followed appropriately and on time.
Understanding Court Proceedings
Truck accident cases are often filed against very large entities, such as companies. This naturally will lead to complicated court motions and multiple hearings. An understanding of rules of procedure and the applicable deadlines is critical.
Involving a lawyer who provides support with the motions, requests for discovery, depositions of expert witnesses, etc., adds much needed clarification during this process. Preparing for the deposition, or in more rare instances, preparing for trial testimony, requires direction and it is best to relieve anxiety and damaging mistakes when applicable and upon hearing from the attorney.
An attorney will also provide to the court confusion arguments that attack or rebut the Defense’ arguments. This includes properly laying foundation for each exhibit and witness, when appropriate. The attorney’s experience provides the practice that allows them to present evidence to the fact finder and make compelling arguments for maximum compensation.