When a truck accident happens, the trucking company’s first priority is limiting its exposure to liability. Large trucking companies and their insurers have experienced investigators and legal teams that employ many methods to limit their exposure. This can create challenges for individuals filing a truck accident claim in Aurora.
The strategies below are some of the most common.
Blaming You or Other Parties
Illinois follows a modified comparative fault rule, which means your compensation can be reduced based on your percentage of fault for the crash. If you are mostly at fault (i.e., 51% or more), you will be barred from recovering compensation.
After an accident, you should expect the trucking company/insurer to scrutinize your speed, whether you signaled, and anything else that could be framed as contributing to the collision. They may also deflect blame to other drivers, road conditions, or even vehicle manufacturers. Any bit of blame they shift to you or others means they pay less.
Using Independent Contractors
Many trucking companies classify their drivers as independent contractors rather than employees. This classification can serve as a liability shield for the trucking company and limit the amount of compensation you can recover.
When a crash occurs, the company may argue that the driver was working independently and that the driver alone is liable for the crash. However, the company may still face liability if it exercised meaningful control over the driver’s routes, schedules, and conduct. A truck accident attorney in Aurora can investigate the true nature of the relationship and hold the company accountable for your injuries.
Concealing or Destroying Evidence
Trucks utilize many data systems to track driving operations and vehicle safety, including electronic logging device records, GPS tracking, black box information, maintenance logs, and driver qualification files. All of this data is potentially relevant after a crash, and all of it is also in the trucking company’s control.
Federal regulations require carriers to retain certain records. However, evidence still gets lost, overwritten, or quietly discarded.
Offering Low-Ball Settlements
Insurance adjusters often reach out to crash victims quickly, sometimes within days of the accident. The insurer may even offer an early settlement, before you have had a chance to speak to an attorney or realize the full extent of your damages. However, these settlement offers are almost always far below what your case is actually worth. If you agree to such an offer, you will waive your right to sue for additional damages later on, no matter how serious your injuries turn out to be.
How Our Truck Accident Attorneys in Aurora, IL Can Protect Your Rights
Hiring our experienced Aurora truck accident lawyer is the best way to guard yourself from these and other tactics designed to reduce the value of your claim.
Your personal injury lawyer in Aurora, IL can investigate fault, challenge misclassified contractor relationships, and preserve evidence before it disappears. In essence, they will handle all aspects of your claim and protect you from mistakes, from initial filings all the way to negotiation and litigation. They will also protect you from common mistakes that could hurt your chances of recovering full compensation.
If you were injured, you should consult an experienced truck accident lawyer for help as soon as possible. Contact Feagans Law Group today for a free consultation and find out what your claim is really worth.