What Happens If a Trucking Company Blames You for an Accident?
After a collision with an 18-wheeler, you may expect the trucking company and its insurance carrier to accept responsibility if their driver caused the crash. Unfortunately, that does not always happen. If the trucking company blames you for the accident, do not assume that its version of events is correct. An experienced 18-wheeler accident lawyer can investigate the collision, preserve evidence, determine who was actually at fault, and challenge an unfair attempt to shift responsibility.
Truck accidents can involve multiple causes and potentially responsible parties, including driver negligence, fatigue, speeding, inadequate training, poor maintenance, defective equipment, improper cargo loading, or unsafe company practices. Harrison Davis Morrison Jones regularly handles complex truck accident cases involving serious injuries and fatalities.
Why Would a Trucking Company Blame You?
Trucking companies and their insurers have financial reasons to minimize their liability after a crash. Accepting full responsibility could mean paying substantial compensation for medical expenses, lost income, property damage, pain and suffering, and other losses.
As a result, the trucking company or its insurance carrier may argue that:
- You were speeding
- You changed lanes improperly
- You were following too closely
- You failed to yield
- You were distracted
- You suddenly stopped
- You were driving recklessly
- Road or weather conditions caused the crash
- Your actions contributed to the collision
A trucking company’s version of events is not automatically proof of fault. The actual evidence should be examined before responsibility is assigned.
How Is Fault Determined After a Truck Accident?
Determining fault requires looking at what happened immediately before, during, and after the collision.
An investigation may examine:
- Police reports
- Accident-scene photographs
- Vehicle damage
- Skid marks and debris
- Witness statements
- Dashcam footage
- Traffic-camera footage
- Truck electronic data
- Driver records
- Cellphone records
- Maintenance documents
- Cargo-loading records
- Driver training records
- Hours-of-service information
- Truck inspection reports
The goal is to reconstruct the accident and determine what actions or failures contributed to the crash.
This can be particularly important when the trucking company has its own investigators and legal representatives working on the case immediately after the collision.
What Evidence Can Prove the Truck Driver Was at Fault?
Truck accident cases can depend heavily on evidence that may not be available for long.
For example, electronic data from the truck may help establish information about speed, braking, and other driving activity. Driver logs and other records may also help investigators examine whether fatigue or excessive driving hours played a role.
Other evidence may show whether the truck was properly maintained or whether cargo was loaded and secured correctly.
Harrison Davis Morrison Jones identifies several potential causes of truck crashes, including speeding, driver fatigue, distracted driving, poorly maintained vehicles, improperly loaded trucks, road hazards, and failure to check blind spots.
Can Truck Maintenance Problems Shift Blame Away From You?
Yes. A trucking company may initially argue that the accident was caused by another motorist, but an investigation can reveal that a mechanical problem contributed to the collision.
Potential maintenance-related problems include:
- Brake failure
- Worn tires
- Steering problems
- Suspension defects
- Lighting failures
- Defective safety equipment
- Poorly maintained trailers
- Cargo-securement problems
A truck that was not properly maintained may be more difficult to control or stop.
Harrison Davis Morrison Jones has highlighted maintenance and mechanical failures as important factors in truck crashes and notes that evidence regarding maintenance records can be critical because it may disappear over time.
What If the Trucking Company Says You Were Partially at Fault?
A trucking company may not always claim that you were entirely responsible. Instead, it may argue that you were partly responsible for the crash.
This can make the question of comparative fault important.
For example, imagine a truck driver failed to check a blind spot before changing lanes, but the trucking company argues that you were also traveling too quickly. The case may require evidence to determine whether either driver’s conduct contributed to the collision and, if so, to what extent.
You should not accept a percentage of fault simply because an insurance adjuster assigns one to you. Fault should be supported by evidence.
What Should You Do If the Trucking Company Blames You?
If the trucking company or its insurer says you caused the accident, take the allegation seriously but do not panic.
Get Medical Attention
Seek medical care after the crash, even if your injuries initially appear minor. Some injuries may not become obvious until hours or days later.
Keep records of your appointments, diagnoses, treatment, prescriptions, medical expenses, and restrictions.
Preserve Accident Evidence
Keep photographs and videos from the accident scene, your vehicle, the truck, road conditions, traffic signals, and visible injuries.
Save copies of the police report, insurance correspondence, medical records, and other documents related to the collision.
Be Careful With Insurance Statements
An insurance adjuster may ask you for a recorded statement or request information about how the crash occurred.
Answer questions truthfully, but do not speculate about facts you do not know. You should also avoid casually accepting statements that you caused or contributed to the accident.
Avoid Posting About the Accident
Social media posts, photographs, comments, and messages can potentially become evidence in a disputed accident claim.
It is generally safer to avoid discussing the accident, your injuries, or the legal dispute publicly while your claim is being investigated.
Why Is Evidence Preservation So Important in Truck Accident Cases?
Commercial trucking cases can involve evidence controlled by the trucking company or other businesses.
Maintenance records, driver logs, electronic data, inspection records, communications, and surveillance footage may be critical to understanding what happened.
The longer a victim waits, the greater the risk that evidence may become unavailable. Witness memories can fade, vehicles may be repaired or moved, and electronic or business records may not remain available indefinitely.
Harrison Davis Morrison Jones specifically warns that evidence in trucking cases can disappear quickly and emphasizes the importance of early investigation.
Can the Trucking Company Be Responsible for More Than the Driver’s Actions?
Potentially. A truck accident investigation may need to look beyond the individual driver.
Depending on the facts, potential issues can include:
- Inadequate driver training
- Unsafe hiring practices
- Fatigue-related scheduling
- Failure to properly maintain the truck
- Improper cargo loading
- Pressure to meet unrealistic delivery schedules
- Failure to follow safety procedures
- Company policies that encourage unsafe driving
This is one reason commercial truck accident cases can be more complicated than ordinary car accident claims.
Harrison Davis Morrison Jones has previously represented families in major trucking litigation, including a case involving Werner Enterprises in which a jury returned a substantial verdict after a catastrophic trucking collision. The firm’s attorneys argued that the company had failed to adequately train new student drivers and had disregarded important safety policies.
What If You Were Injured in a Truck Crash and the Company Blames You?
Being blamed does not mean you are actually responsible.
A truck accident claim should be based on evidence rather than simply the trucking company’s account of what happened. A thorough investigation can examine the truck, driver, company policies, maintenance history, cargo, electronic data, accident scene, witnesses, and other available evidence.
If you were injured, you may also need to consider the full impact of the accident, including medical treatment, lost wages, property damage, future medical needs, and the long-term effects of serious injuries.
Harrison Davis Morrison Jones’s truck accident practice emphasizes putting injured individuals on more equal footing with trucking companies and their insurers during these complex disputes.
When Should You Contact a Truck Accident Lawyer?
Consider contacting a truck accident lawyer as soon as possible, particularly if the trucking company or insurer is already claiming that you caused the crash.
Early legal involvement can help with evidence preservation and investigation. An attorney can also communicate with insurers, evaluate the available evidence, identify potentially responsible parties, and help determine the value and strength of your claim.
This can be especially important when the accident involves catastrophic injuries, a fatality, multiple vehicles, or a disputed version of events.
What Happens If a Trucking Company Blames You for an Accident?
If a trucking company blames you, the claim does not end there. The next step is to examine the evidence and determine what actually caused the crash.
The trucking company may have its own investigators, insurance adjusters, attorneys, and experts working to protect its interests. You have the right to investigate the accident from your side as well.
Preserving evidence early, documenting your injuries, avoiding unsupported statements about fault, and obtaining experienced legal guidance can help protect your rights.
If the evidence shows that the truck driver, trucking company, maintenance provider, cargo loader, or another party contributed to the crash, that responsibility should be addressed rather than allowing an unsupported attempt to place the blame entirely on you.
Frequently Asked Questions
1. What if a trucking company says I caused the accident?
A trucking company’s statement does not automatically establish fault. The accident should be investigated using evidence such as police reports, photographs, witness statements, vehicle data, maintenance records, driver records, and accident reconstruction evidence.
2. Can I still recover compensation if the trucking company says I was partially at fault?
Potentially. Whether you can recover compensation and how your own alleged fault affects the claim depends on the applicable law and specific facts of the accident. Do not accept an insurer’s fault assessment without having the evidence reviewed.
3. What evidence can prove a truck driver caused the crash?
Evidence may include truck electronic data, driver logs, maintenance records, inspection reports, dashcam footage, traffic-camera footage, photographs, witness testimony, police reports, cellphone records, cargo records, and accident reconstruction analysis.
4. Can a trucking company be responsible for its driver’s negligence?
Potentially. Depending on the facts and applicable law, a trucking company may face liability for certain conduct involving its driver or for its own negligent hiring, training, supervision, maintenance, or safety practices.
5. How quickly should I contact a truck accident lawyer?
It is generally wise to seek legal guidance as soon as possible after a serious truck crash, particularly when fault is disputed. Important evidence can disappear, vehicles can be repaired, and witness memories can fade. Early investigation can help preserve evidence needed to evaluate the claim.