How Negligent Trucking Companies Try to Avoid Liability

Our Tampa law firm can help you fight back against negligent trucking companies and their insurance providers

After a serious trucking accident, the victims are left to deal with medical bills, lost wages, and the emotional toll of the crash. Meanwhile, the trucking company involved is often focused on one thing: avoiding blame. These companies know that lawsuits can be costly, so instead of taking responsibility, they use every trick in the book to shift the blame, manipulate evidence, and reduce their financial obligations.

If you were injured or a loved one died in a Florida trucking accident, understanding these tactics can help you fight back and protect your rights.

How do trucking companies blame the truck driver?

One of the easiest ways for a trucking company to dodge responsibility is by shifting the blame on its own driver. While truck drivers can make mistakes, many truck accidents happen because of the company’s policies. This might include pushing drivers to meet unrealistic delivery schedules or failing to maintain vehicles properly.

Here’s how trucking companies try to pin everything on the driver:

Claiming the driver acted negligently alone: If a trucker was speeding or failed to brake in time, the company might argue that the driver was reckless and solely responsible.
Labeling the driver as an independent contractor: Some companies use independent contractor agreements to argue that they aren’t responsible for the driver’s actions.
Misrepresenting driver logs: A company might selectively present records to make it seem like the driver violated policies when, in reality, they were following company pressure. However, if a company encourages drivers to break safety rules or doesn’t properly train them, they should be held accountable.

Do trucking companies destroy or alter evidence?

When a trucking company realizes they’re facing a lawsuit, they might try to make damaging evidence disappear. Some forms of evidence are important for proving liability, such as black box data, driver logbooks, and surveillance footage. Unfortunately, companies know this and sometimes take drastic measures to cover their tracks.

Some of the most common ways they manipulate evidence include:

Altering the truck’s black box data: This electronic device records speed, braking patterns, and other key details before a crash. If it shows the truck was going too fast or the brakes failed, the company might try to erase or alter the data.
Destroying driver logbooks: Federal regulations require truckers to log their driving hours, but companies may alter or destroy records that show violations of Hours of Service (HOS) limits.
Deleting surveillance footage: If a warehouse or loading dock camera captured evidence of an unsafe truck or reckless behavior, that footage may suddenly go missing.

If you were involved in a truck accident, you must act quickly to secure evidence before it’s lost or tampered with. Legal measures, such as a spoliation letter, can help prevent companies from destroying key documents.

How do trucking companies shift blame to other drivers?

Another common tactic is blaming other vehicles involved in the crash. Since passenger cars are smaller and more maneuverable than 18-wheelers, it’s easy for a trucking company to argue that a car made an unsafe lane change, stopped suddenly, or was driving recklessly.

While some car drivers drive irresponsibly around large trucks, that doesn’t mean trucking companies are off the hook. If a truck was overloaded, the brakes failed, or the driver was fatigued due to company pressure, the trucking company still shares responsibility.

Truck accident reconstruction experts can analyze the scene, vehicle damage, and witness statements to uncover the truth and refute false claims.

How do trucking companies use insurance loopholes to avoid paying?

Some trucking companies have entire legal teams dedicated to reducing compensation to crash victims. They may use loopholes in their insurance policies to limit what they owe to victims.

Here’s how they do it:

Setting up shell companies: Some trucking companies operate under multiple business names, making it harder to track down the responsible party. When a lawsuit is filed, they might claim that the at-fault truck was owned by a different company with little or no assets.
Carrying minimal insurance: While federal law requires trucking companies to have insurance, some carry only the bare minimum, which may not be enough to cover medical bills, lost wages, and other damages.
Claiming a policy technicality: A company may argue that the policy doesn’t apply due to contract terms and try to push the financial burden onto the victim.

How do insurance companies delay or deny claims?

Even when it’s clear that a trucking company is responsible, their insurance provider may try to wear you down by delaying the process. The longer a claim drags on, the more desperate you might become to settle.

Some common delay tactics include:

Arguing that your injuries aren’t serious: Insurance adjusters may downplay the severity of injuries or claim they were pre-existing.
Demanding excessive documentation: Some insurers request unnecessary paperwork to slow the process and frustrate victims.
Offering a lowball settlement: Insurers might offer a quick payout far below what victims need, hoping they’ll accept out of desperation.

You should never accept a settlement without consulting a truck accident attorney who understands these tactics. An attorney can determine the true value of our claim and fight to recover every dollar owed to you.

Is it considered negligence when a trucking company avoids liability?

It can be considered negligence when a trucking company actively avoids liability, especially if it engages in deceptive practices to evade responsibility for a crash. If a company fails to follow federal and state safety regulations, ignores known safety risks, or refuses to take accountability for negligent hiring, training, or supervision of drivers, it can be liable for an accident.

Do you have a claim against a trucking company?

Not every truck accident leads to a successful lawsuit, but you have the right to seek compensation if negligence is involved.

A valid claim must prove:

The trucking company had a duty of care: Companies must follow safety laws and ensure their trucks and drivers are safe.
That duty was breached: A company’s failure to maintain trucks, train drivers, or follow regulations can prove negligence.
The breach caused the truck accident: Evidence must show that the company’s negligence led to the crash.
You suffered injuries and damages: Medical bills, lost wages, and pain and suffering must be documented.

What is the average settlement or award for a trucking accident case?

Truck accident settlement amounts vary based on the severity of injuries, medical expenses, and other factors. However, trucking accident cases often result in large settlements and verdicts, especially when long-term disability or wrongful death is involved.

The more severe the injuries, the higher the payout. Catastrophic injuries such as spinal cord damage or traumatic brain injuries typically result in larger settlements.

Your compensation should cover all past and future medical costs and lost income. Additionally, you may be eligible for compensation for pain and suffering, as well as emotional trauma and reduced quality of life.

It’s important not to accept an initial settlement. Insurance companies often try to lowball settlements, hoping you’ll accept one. Once you accept a settlement, you won’t be able to pursue additional compensation. Let an experienced Tampa truck accident lawyer determine how much your case is worth and fight for every dollar you deserve.

What should you do if a trucking company is trying to avoid liability?

If you’ve been in a trucking accident, taking the right steps can protect your rights and help you build a strong claim. Here’s what to do:

Gather evidence: If you can, take photos of the crash, get witness statements, and keep all medical records.
Seek medical attention: Documenting injuries is critical for both health and legal reasons.
Avoid speaking to insurance adjusters: Anything said to an insurer can be used to minimize your claim.
Hire a Tampa truck accident lawyer: An attorney can issue legal requests to preserve evidence, negotiate with insurers, and fight for full compensation.

How can a Tampa truck accident lawyer help?

If you or a loved one has been injured in a truck accident, don’t let the trucking company or their insurance provider dictate the outcome of your claim. These companies have teams of lawyers working to protect their profits, often at the expense of crash victims like you.

The Tampa truck accident attorneys at Armando Personal Injury Law know their tactics, and we’re not afraid to fight back. Attorney Armando Edmiston has extensive experience holding negligent truck drivers and trucking companies accountable. He can help you get the justice and financial recovery you deserve.

Best of all, you don’t have to worry about upfront legal fees because we work on a contingency fee basis. This means you pay nothing unless we win your case. We also offer free, no-obligation consultations so you can get the answers you need without financial pressure. Contact us today, and let us stand up for you against the trucking companies and the insurance companies.

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