5 Ways Trucking Companies Avoid Liability After an Accident

Truck accidents can be devastating. With their immense size and weight, 18-wheelers and other commercial trucks often cause severe injuries or fatalities when involved in a crash. After such an accident, victims rightfully expect to be compensated for their medical expenses, lost wages, and pain and suffering. Unfortunately, securing compensation is rarely straightforward and there are many ways trucking companies avoid liability after an accident.

Trucking companies are well-prepared to defend themselves from liability. They work quickly, often within hours of the accident, to protect their financial interests. Many use a range of legal and strategic tactics to avoid being held responsible. If you’ve been injured in a truck accident, here are five common ways trucking companies avoid liability—and why having the right legal team is essential.

Blaming the Victim

A go-to defense strategy for many trucking companies is shifting blame to the other driver. They may claim that you were:

Speeding or tailgating
Distracted by a phone or passenger
Driving aggressively or erratically
Ignoring traffic signs or signals

In Texas, this tactic can significantly reduce or even eliminate their financial responsibility. The state follows modified comparative fault rules, which means your compensation will be reduced by your percentage of fault. If you’re found to be more than 50% responsible, you may be barred from recovering anything at all.

Trucking companies and their insurers know how to manipulate this rule to their advantage. They may try to twist facts or rely on selective witness statements to paint you as the at-fault party.

Hiding or Destroying Evidence

Evidence is critical in proving a trucking company’s negligence. Unfortunately, much of that evidence is controlled by the trucking company itself—and they aren’t always eager to share. In some cases, crucial documents or electronic data may conveniently disappear after a crash.

Important evidence includes:

Electronic logging device (ELD) data: These digital logs show how long the driver had been on duty.
Maintenance records: Poor vehicle upkeep could indicate negligence.
Dispatch and communication logs: These may reveal pressure to violate hours-of-service limits.
Dashcam footage: If available, it can show what actually happened.

If you don’t act quickly, this evidence can be legally destroyed within weeks. Without it, proving your case becomes much harder.

Using Independent Contractor Defense

To shield themselves from liability, trucking companies often claim that the driver involved was an independent contractor, not an employee. They argue that since the driver works for themselves, the company cannot be held accountable for the driver’s actions.

However, courts in Texas may look beyond the label. If the trucking company exercised significant control over the driver—such as setting schedules, requiring specific routes, or mandating compliance with company rules—they may still be found liable.

Proving this connection requires a detailed understanding of employment law and trucking industry practices.

Delaying the Claims Process

Delay is a powerful tool for insurers. The longer they can stretch the process, the more pressure you may feel to settle for less—especially if you’re facing medical bills or missing paychecks. They may drag out paperwork, ignore your calls, or demand unnecessary documentation to wear you down.

In the meantime, evidence goes stale, witnesses become harder to find, and your injuries may worsen—all while your financial and emotional stress increases.

Hiding Behind Layers of Corporate Entities

Some trucking companies use complex business structures to confuse victims and limit liability. For example, the truck may be owned by one company, leased by another, and operated by a third. This tactic makes it difficult to identify the legally responsible party.

Without legal help, you may end up suing the wrong company or failing to include all liable parties—leading to a weaker claim or outright dismissal.

Protect Yourself From These Tactics with a Houston Truck Accident Lawyer

The truth is, trucking companies are not in the business of doing what’s fair—they’re in the business of protecting profits. Their insurance companies are highly skilled at defending claims, and they move fast after a crash.

To level the playing field, you need an experienced truck accident lawyer who knows how these companies operate. Board-certified lawyer Scott Callahan has over 25 years of experience holding trucking companies of all sizes accountable for their accidents. Give the firm a call today at 713-888-9000 for a free consultation about your case.

With the right legal strategy, you can secure the compensation you deserve and hold negligent parties accountable.