How Do Trucking Companies Attempt To Avoid Paying Accident Claims?

After an accident involving a tractor-trailer or other large truck, it is possible that both the driver and their employer may wind up being held liable for the damages to an injured plaintiff. Most of the time, these obligations are handled with professionalism – but sometimes, an unscrupulous or desperate company will try to drag out the claims process. If you are in this situation, there are certain factors you can watch out for – and having an attorney by your side can help keep the company honest.

Attempting To Shift Blame. The oldest, and arguably most effective, topic for a company trying to deny liability is simply to argue that someone else was at fault. Whether a third party, the government overseeing the road where the accident happened, or even the injured plaintiff, large corporations and their insurers will attempt to show that liability does not rest with them – and when it comes to plaintiffs themselves, this tactic can be dangerous in Florida. The state recently altered its comparative fault law, which means that if a plaintiff is found more than 50 percent at fault for their own injuries, they cannot recover damages at all.

Concealing Records & Information. Another tactic that unscrupulous corporations may use in order to avoid a liability claim is to either destroy or conceal records. For example, most large truck drivers are required to have electronic logging devices (ELDs) in their vehicles, and these devices record everything from braking speed to time on the road. It is not uncommon for this data to be withheld or deleted before a plaintiff’s attorney has access to it, though this can cause legal issues for the corporation later on.

Misclassifying Employees. For a corporation to be held liable for a tractor-trailer accident, a tractor-trailer driver must be an employee of that corporation. If the driver is an independent contractor, it is far less likely that the corporation will bear any share of the damages – which is why it is not unheard of for corporations to misclassify employees as independent contractors. The difference between the two is generally the level of control that the worker exerts over their own job – but if an employee is misclassified as an independent contractor, they may not receive benefits like overtime pay that they are very much entitled to receive.

Contact A Tampa Tractor-Trailer Accident Attorney

If you have been injured in an accident with a tractor-trailer or other large truck in Florida, it can be difficult to get a trucking company to own up to its share of the liability. A Tampa tractor-trailer accident attorney can help – contact the Rinaldo Law Group today to schedule a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html