There are some car accidents where it is easy to determine who is at fault. A driver who runs a red light and T-bones another vehicle is clearly at fault. No matter what their defense might be, it is hard to argue with the facts of a red light, especially if that incident is caught on traffic camera surveillance. Out on the highway, determining who is at fault in an accident can become more challenging, especially because of California’s pure comparative negligence laws.
The pure comparative negligence laws allow a plaintiff to recover compensation in an accident even if they are partially at fault. That can help in some instances. Unfortunately, there could be other situations where the at-fault party tries to shift some of that blame onto the plaintiff to avoid paying the full amount of the compensation. That often happens in accidents involving trucks and trucking companies. In order to defend against these actions, it is essential to know how trucking companies minimize liability in accident claims.
Sudden Emergency Doctrine
The sudden emergency doctrine is a legal concept that relies on the idea that the factors that caused the accident were sudden and unexpected. A trucking company could argue that its driver had no control over the situation and, therefore, should not be held responsible.
For example, if a truck approaches an overpass as concrete crumbles onto the road, the driver might swerve to avoid the concrete and collide with another vehicle. In that scenario, the trucking company could claim their driver acted reasonably and responded as any driver might.
A skilled attorney could counter those arguments by analyzing the driver’s actions leading up to the incident. If that trucker driver was on their cell or otherwise distracted, their reaction could have been impaired.
Challenging Causation
In a car accident, causation links the accident and the injuries. If you were hit by a truck and sustained a back injury, that is causation. When a trucking company is looking to shift the blame, they could try to establish that the car driver’s injuries were preexisting. If that driver has a record of chiropractor visits or complaints to their doctor about a bad back, the accident might have only exacerbated the injury but didn’t cause it.
The way to counter that tactic is to present clear evidence of medical documentation that links the injuries to the accident. Expert testimony and affidavits from treating physicians can support your version of the injuries and what caused them.
Lack of Evidence
An accident claim can be a matter of your word against the word of the truck driver. There needs to be evidence to support your claim. Trucking companies will try to argue that the evidence presented is insufficient to prove your claim.
That is why you need to work with attorneys who can deploy a team of investigators to bolster your evidence, including all available video from dashcams and surveillance cameras. Those can include surveillance from buildings as well as traffic lights. The investigators can also help track down any potential witnesses to support your version of events.
Federal Motor Carrier Safety Regulations Compliance
Attorneys from the trucking company can assert that at the time of the accident, their driver was in full compliance with all the Federal Motor Carrier Safety Regulations (FMCSR). In order to prove that, the company needs to present the truck driver’s log books and inspection reports. Your attorney can look for discrepancies or a history of failed compliance. Just because the truck driver got something right once doesn’t mean they always got it right.
Independent Contractor Defense
A trucking company can attempt to absolve themselves of any liability by claiming the driver was an independent contractor. If that holds up, it could mean you have to file a claim with that driver’s insurance carrier. On the other hand, there might be a history of employment and other communications between the truck driver and the trucking company that can verify the true nature of their relationship.
Statute of Limitations
Every state sets a statute of limitations for how long a plaintiff has to file a personal injury lawsuit. California law has a two-year limit. That deadline is one of the first things a trucking company will look at. Your attorney will ensure you don’t file late.
Why Legal Representation Matters
It is clear that a trucking company and their insurance carrier will do all they can to reduce what they have to pay in an accident involving one of their drivers. That is why you want to build a strong defense with the support of a qualified truck accident attorney like the team at Frost Law Firm, PC.
We have helped many clients successfully stand up to large trucking companies and have prevailed. You don’t have to accept their version of events. Talk to us and find out all the options.
