Litigating against large trucking companies can be an uphill battle for plaintiffs and their attorneys. Trucking companies have abundant resources and experience defending injury claims that give them a substantial advantage in these legal disputes. Here are some of the main challenges plaintiffs face when suing over a truck accident:
Sophisticated Legal Defenses
Large trucking outfits like J.B. Hunt, Swift Transportation, and Schneider National have in-house legal teams or keep specialized transportation law firms on retainer. These defense lawyers are experienced in disputing fault after crashes involving commercial trucks.
They use complicated legal arguments to reduce or eliminate the company’s liability, even in cases where the truck driver clearly caused the collision. For example, defense lawyers may argue that the plaintiff shares comparative fault for the wreck. They often aggressively pursue this strategy even when the plaintiff’s actions were reasonable under the circumstances.
Holding Companies and Insurance Complications
The corporate structure of major trucking companies also creates legal obstacles. Most large carriers are structured as holding companies with dozens or hundreds of related LLC entities that own the trucks and employ the drivers. This allows the corporations to shield assets and prevents plaintiffs from accessing certain insurance funds if they win a judgment.
It also forces plaintiffs to identify the proper corporate defendant, which defense attorneys may intentionally complicate. Lawsuits get bogged down fighting over procedural issues rather than focusing on the truck driver’s responsibility for causing the crash.
Resources to Investigate Accidents Extensively
Large trucking outfits have the resources to conduct in-depth investigations after any major collision involving one of their rigs. They send specialized crash reconstruction experts to analyze the accident scene. Their investigators take extensive measurements and photographs to dispute liability against the truck driver.
Defense lawyers can then utilize this evidence to shift blame away from the trucking company defendant in court. Without the funds to hire their own experts, plaintiffs have far more limited investigative capabilities.
Intimidation Tactics
Aggressive defense lawyers exploit the resource imbalance further by trying to intimidate or take advantage of plaintiffs. They may barrage victims who refuse their lowball settlement offers with tedious paperwork demands or intrusive questioning during depositions. Emotionally fragile plaintiffs may crumble under this pressure.
Those without an experienced California truck accident lawyer may also accept an undervalued settlement just to escape the grueling legal gauntlet. Even veteran plaintiffs’ lawyers can burn out going up against the endless motions and discovery disputes these well-funded defense teams mount.
Biased Industry Perspectives Among Rural Jurors
In rural regions where trucking plays a major economic role, securing impartial juries can also pose difficulties. Defense counsels typically seek conservative rural jurors with potential anti-plaintiff biases. They may argue the region depends on the trucking company for jobs and economic prosperity.
Out-of-state plaintiffs might struggle with lack of familiarity and cultural/political disconnects with these juries as well. With the defense portraying the trucking outfit as a community pillar, rural jurors are more inclined to fixate on any faults by the plaintiff. They award lower damages even when finding the truck driver mostly culpable.
Past Safety Issues Stay Hidden
Finally, well-resourced trucking companies can better shield their poor safety records from legal scrutiny. Defense lawyers file motions to make plaintiffs’ previous efforts gaining access to the truck driver’s history through discovery requests more difficult. They may claim driver personnel files contain confidential information or that past truck inspection reports are irrelevant.
With their superior legal expertise and financial resources, top trucking outfits can more successfully conceal or underplay extensive evidence of inadequate safety practices. Lacking that evidence, plaintiffs struggle to establish a pattern of negligence necessary to win punitive damages. Even forcing a settlement may become trickier against these legal juggernauts.
Final Words
Facing so many formidable challenges, litigating against major trucking companies with their vast resources and legal machinery tips the scales unfairly in these disputes. Plaintiffs must have seasoned attorneys willing to play legal hardball to have any chance leveling the playing field. Hence, hiring an experienced truck accident lawyer would be one of the best decisions that you can take.