Truck accidents are costly for shipping companies because they often involve catastrophic injuries. The most effective strategy is a proactive one that allows you to push back aggressively against any claims filed against your company. First, you must determine which arguments will put you in the strongest defensive position.
Shifting Fault
Any defensive strategy must involve vigorously litigating who is at fault in the accident. As a shipping company, you have extensive control over your vehicles, but that control is not absolute. Depending on your organizational structure, you may be able to argue that the fault lies with another party, such as:
- The truck driver: This is most effective if your drivers are contractors using their own vehicles, but it can work even if they use your vehicles. The truck driver must take appropriate breaks. If they do not due to their own lack of judgment, they could be liable for the accident.
- Municipalities: Most roads are municipally maintained. If the road is meant to be an overland transport route, but the conditions are hostile to tractor-trailers, the municipality may be responsible for a significant share of the fault in an accident.
- The plaintiff: Often, a plaintiff’s actions may be the leading factor in a truck crash. While comparative fault often allows a person partly at fault to recover damages, a plaintiff may vastly underestimate his or her share of the fault in an accident.
- Your suppliers: Often, shipping companies are not actually loading cargo onto their vehicles. This can fall to the original suppliers or other warehouse departments. It can be hard to control whether these participants in the supply chain load trucks correctly.
Protect Your Company
It is important to retain an aggressive, agile law firm with experienced attorneys who can defend your company against truck accident claims. Choose wisely.