Is A Trucking Firm Avoiding Liability?
Contact an Attorney at Garvin Injury Law Today
You might assume that holding the trucking company liable will be relatively straightforward after a truck accident in Fort Myers. However, the reality is that these companies and their insurers have entire legal teams on their side dedicated to minimizing their financial exposure. They’ll do whatever they can to escape liability and pay as little as possible for the victim’s personal injury claim.
Learning about the tactics they use can help you protect your claim and avoid being caught off guard during the process. Continue reading for the information you need to know so that you can recover full compensation for your injuries.
Call (239) 277-0005 today to schedule a free consultation.
Classifying Drivers as Independent Contractors
One of the most common strategies trucking companies use is classifying their drivers as independent contractors rather than employees. This distinction matters because under the legal doctrine of respondeat superior, employers are generally liable for the negligent acts of their employees. If the driver is classified as an independent contractor, the company may argue that it has no legal responsibility for the driver’s actions on the road.
In practice, however, many of these drivers still operate under the company’s branding and use its equipment. This defense does not always hold up in court, but that doesn’t stop trucking operations from trying to assert it nonetheless.
Destroying Evidence
Trucking companies know that things like electronic logging device (ELD) data and dashcam footage can be used against them. Some companies have been caught destroying and failing to preserve this evidence after a crash.
Federal regulations require carriers to maintain many of these records for specific periods of time. However, unless a spoliation letter is sent quickly after the accident, there is a risk that critical data could be overwritten and conveniently “lost.” This is one of the biggest reasons why hiring a Fort Myers personal injury lawyer as soon as possible after a truck accident is wise.
Shifting Blame to the Victim
Florida’s modified comparative negligence law gives trucking companies a powerful incentive to push as much fault as possible onto the injured person. Per this rule, if you are found to be 51% or more at fault for the accident, you are barred from recovering any compensation at all. If your share of the blame falls below that threshold, your total financial recovery can be reduced by your percentage of fault.
This principle applies only to claims against the other party, not against your PIP insurance. You can file a claim against your PIP regardless of who’s at fault for the accident because it is considered “no-fault” coverage.
Contact a Florida Truck Accident Lawyer With Garvin Injury Law for a Free Consultation
The best way to counter these tactics is to get an experienced truck accident attorney involved in your case early on. Your lawyer can immediately begin investigating your case and gathering the evidence necessary to establish liability and win compensation.
Call Garvin Injury Law today to get started with a free consultation at (239) 277-0005.
Our Florida truck accident lawyers have won tens of millions of dollars for our clients and have over 50 years of experience.