713-225-5050 
Truck accidents are among the most devastating collisions on Texas roads, often resulting in severe injuries or fatalities due to the sheer size and weight of commercial trucks. Victims of truck accidents may assume that holding the trucking company accountable will be straightforward, but trucking companies and their insurers have strategies to reduce or avoid liability altogether.
At Charles J. Argento & Associates, our Houston personal injury lawyer, has extensive experience handling truck accident cases and fighting against these tactics. Here’s what you need to know about how trucking companies try to avoid responsibility and how our experienced attorney can help you secure the compensation you deserve.
Common Ways Trucking Companies Avoid Liability
After a serious truck accident, victims often assume that the trucking company will take responsibility for the damages caused by their driver. Unfortunately, this is rarely the case. These companies have teams of lawyers and insurance adjusters working to protect their bottom line, often at the expense of injured victims.
Understanding trucking companies’ strategies to avoid liability is crucial for protecting your rights and maximizing compensation.
Some of the most common ways they try to escape responsibility include:
- Blaming the Driver Instead of the Company
One of the most common strategies is shifting blame entirely onto the truck driver rather than the company. While the driver may have made an error, many trucking companies encourage dangerous work conditions, such as unrealistic schedules, pressure to meet tight deadlines, or failure to train drivers properly.
However, trucking companies can be held liable for accidents caused by their employees under vicarious liability—respondeat superior—if the driver was performing job duties at the time of the crash.
- Claiming the Driver Is an Independent Contractor
Many trucking companies classify their drivers as independent contractors to avoid liability. If they prove that the driver was an independent contractor rather than an employee, they may try to avoid responsibility for the accident.
However, even if a driver is labeled an independent contractor, courts will look at the level of control the company has over the driver’s work. If the company dictated schedules, assigned jobs, or maintained control over operations, they may still be held liable.
- Destroying or Hiding Evidence
Some trucking companies may attempt to destroy or alter evidence that could prove their liability.
This can include:
- Tampering with logbooks to cover violations of federal Hours of Service (HOS) regulations, limiting how long a driver can be on the road without rest.
- Deleting or altering GPS or electronic logging device (ELD) data that could show excessive speeding or fatigue.
- Failing to preserve maintenance records that might prove the truck was not properly serviced before the accident.
To prevent this, our attorney can send a spoliation letter, legally requiring the company to preserve all evidence related to the crash.
- Denying Violations of Federal Regulations
Trucking companies must follow strict Federal Motor Carrier Safety Administration (FMCSA) regulations, which include:
- Limits on driving hours.
- Mandatory drug and alcohol testing.
- Routine truck maintenance requirements.
- Proper cargo loading procedures.
If a trucking company violated these regulations and contributed to the accident, it could be held responsible. However, it may try to deny or cover up these violations to protect itself.
- Shifting Blame to the Victim
Another common defense is to claim that the other driver was partially or entirely at fault for the accident. Texas follows a modified comparative fault rule, meaning damages cannot be recovered if the injured party is found more than 50% at fault.
Insurance companies may try to argue that the victim:
- Failed to yield to the truck.
- Was distracted at the time of the crash.
- Was speeding or reckless.
- Made an improper lane change.
A thorough investigation and expert accident reconstruction can counter these claims and prove that the trucking company or driver was at fault.
How Our Houston Truck Accident Attorney Can Help
If you’ve been involved in a truck accident, it’s essential to work with an experienced Houston truck accident attorney who knows how to counter these tactics.
At Charles J. Argento, we:
- Investigate thoroughly to uncover violations of trucking regulations.
- Obtain crucial evidence, such as truck maintenance records, GPS data, black box information, and driver logs.
- Fight back against blame-shifting tactics used by trucking companies and insurers.
- Negotiate aggressively with insurance companies to secure maximum compensation.
- Take the case to trial if necessary to hold negligent trucking companies accountable.
Contact Our Skilled Car Accident Attorney Today
At Charles J. Argento, we have a proven track record of challenging trucking companies and fighting for the rights of accident victims. Call (713)-225-5050 or contact us online to schedule a free, confidential consultation to discuss your case.