We are used to seeing large semi-trucks on the highways of Savannah but another common sight these days are smaller box-trucks, especially those delivering the many things people order online. Whether you are in an accident with a semi-truck or a box-truck, you may want to pursue a personal injury claim. However, trucking companies in such situations will do just about anything to avoid liability.
Classifying drivers as independent contractors
One way that trucking companies may try to avoid liability in a truck accident is to claim the driver was not an employee but was an independent contractor instead. In general, employers are responsible for the negligent acts of their employees, if the negligent act took place within the scope of the employee’s work duties. However, independent contractor are not considered employees, and thus, it is more difficult to hold trucking companies liable in the event of an auto accident.
Placing the blame on a third party
When it comes to the trucking industry, there are other parties involved in the transportation of goods besides the trucking company and the truck driver. For example, cargo loading companies are responsible for the safe loading and unloading of goods on the truck. In the event of a truck accident caused by an insecure load, trucking companies may try to blame the cargo loading company instead. Other parties that may hold liability in a truck accident include maintenance firms and manufacturers.
Claiming no injuries were suffered in the crash
Another way truck companies may try to escape liability is by claiming the accident victim was not in the crash. Instead, they may argue that any injuries were pre-existing conditions. However, accident victims can use medical records to show that the truck driver’s negligence caused their injuries.
Place liability where liability is due
Truck companies will try to avoid being liable for truck accidents. However, if the truck company was negligent, the injured parties deserve to hold them responsible for the damages they suffered. Taking on truck companies in a truck accident can be difficult, though. For this reason, many truck accident victims in Georgia choose to work with attorneys when pursuing their truck accident claims.