After a crash, you expect the responsible parties to step forward, but that often doesn’t happen. Large corporations with powerful insurers frequently deny fault to avoid paying victims the compensation they deserve.
At Savage, Royall & Sheheen, our Camden truck accident lawyers understand trucking liability laws and know how to counter these tactics. Here’s what to do when a trucking company denies responsibility for your accident.
Understanding Truck Accident Liability
Truck accident cases differ from standard car crashes because they involve complex regulations and large corporate entities. Trucking companies and their insurance carriers have teams of lawyers with one main goal: To limit the company’s financial exposure.
Proving liability (legal fault) is the key to any personal injury claim. In a truck accident, this means showing that a party’s negligence caused the crash and your injuries.
Why Trucking Companies Deny Liability
Trucking companies deny truck accident liability for several reasons.
First, paying out injury claims and settlements is very expensive. Large companies and their insurers are focused on protecting their profits. The most direct way for them to avoid a large financial loss is by immediately denying liability for the crash, hoping the injured person will drop the case.
Second, they try to shift the blame away from themselves or their driver. They might claim the crash was the fault of the other driver (you), or perhaps blame poor road conditions, bad weather, or even a mechanical failure they say was unforeseeable. This tactic is designed to confuse the issue of who is liable in a truck accident and weaken your claim.
Finally, issuing an early denial can be a way to stall. They know that evidence crucial to proving your case, such as black box data, driver logbooks, and inspection records, can disappear over time. By denying liability and delaying, they gain time while that vital information may be lost or destroyed, making it much harder for you to prove your case later.
Who Is Liable in a Truck Accident?
Truck accident liability can be complicated because multiple parties may share the blame. The focus is usually on negligence by:
- The Truck Driver: For actions like speeding, distracted driving, fatigue, or driving under the influence.
- The Trucking Company: For failing to properly maintain the truck, pressuring a driver to violate hours-of-service rules, or negligent hiring and training.
- The Truck or Parts Manufacturer: If a defective part (like a bad tire or faulty brake system) caused the crash.
- A Third-Party Shipper or Loader: The truck could become unstable and crash if the cargo was improperly loaded.
A thorough investigation is necessary to identify every potential defendant responsible for the accident.
Steps to Take When Liability Is Denied
A denial does not mean your case is over. It signals that you must immediately shift your focus to aggressively building a legal case.
1. Stop All Communication with the Company and Insurer
Once your claim is denied, stop all direct contact. Do not:
- Give a recorded statement
- Answer their calls
- Sign any documents they send you.
Anything you say, even a polite exchange, can be used against you. So, direct all further communication through your attorney.
2. Keep All Physical and Medical Documentation
You need physical evidence to counter the company’s claim of no fault. If you have not already, make copies of:
- The official police accident report
- All photographs or videos you took at the scene
- Witness contact details
- Your complete medical records and bills documenting your injuries
- A journal detailing your pain, recovery process, and time off work
3. Contact a Camden Truck Accident Lawyer Immediately
A lawyer can act fast to protect your right to compensation. Your attorney will send a formal spoliation letter to the trucking company. This legal document requires the company to preserve all evidence of the crash, including:
- The truck’s black box data
- Driver logs
- Electronic data
- Drug test results
- Vehicle maintenance and inspection records
- Internal company communications about the trip
This prevents evidence from being destroyed or altered.
4. Investigate Regulatory Violations
Your legal team will investigate whether federal or state trucking laws were broken. Violations of Federal Motor Carrier Safety Administration (FMCSA) rules, such as driving beyond mandated hours or neglecting truck maintenance, can be strong proof of negligence and establish liability beyond the driver.
5. Be Prepared to File a Lawsuit
If the trucking company continues denying liability, your attorney may file a personal injury lawsuit. This allows your truck accident attorney to conduct formal discovery, whereby they can legally compel the company to turn over evidence and submit to depositions. The pressure of discovery often leads to fair settlements before trial.
How a Camden Truck Accident Lawyer Can Help
Fighting a major trucking corporation and its legal team alone is impossible. Our team at Savage, Royall & Sheheen knows how to manage these claims effectively.
We help by:
- Conducting a Full Investigation: Working with accident reconstruction experts and investigators to prove exactly how the crash occurred and who was at fault.
- Calculating Your True Damages: Ensuring your claim includes compensation for all current and future medical care, lost wages, property damage, and pain and suffering.
- Standing Up to Insurance Companies: Handling all communication and negotiations, stopping the trucking company from taking advantage of you.
- Taking Your Case to Court: If the company refuses to offer a fair settlement, we are fully prepared to go to trial to fight for the money you deserve.
Contact Our Camden Truck Accident Lawyer
If you have been injured in an 18-wheeler crash, call the experienced attorneys at Savage, Royall & Sheheen today. Contact us at 803-432-4391 for a free consultation to discuss your accident and explain your legal options. Let us begin proving your case and holding the negligent parties responsible.