When a trucking company faces litigation over an accident, a robust defense involves taking multiple measures to refute liability and mitigate damages. The defense attorney must be able to craft a narrative that shows the company and its employees acted responsibly and that other factors contributed to causing the accident and resulting harm. 

The following aspects are critical to a strong defense in a truck accident case:

• Compliance with regulations — Claims of negligence can be refuted by evidence that a trucking company strictly adheres to federal and state regulations. This includes rules set by the Federal Motor Carrier Safety Administration (FMCSA) concerning drivers’ hours-of-service (HOS), proper vehicle maintenance and regular inspections. A defense attorney may present logs, maintenance records and compliance certifications to underscore the company’s commitment to safety.

• Driver conduct and history — The driver’s actions leading up to the accident and their prior record are often scrutinized in litigation. A strong defense involves demonstrating that the driver was properly qualified, trained and vetted. This includes showing compliance with background checks, drug and alcohol testing, and ongoing safety training. The defense might also use telematics data, dashcam footage, or witness testimony to challenge claims of reckless driving.

• Accident investigation — A vital part of a strong defense is an immediate and thorough accident investigation of the accident scene, vehicle damage and any available electronic logging device (ELD) or black-box data. A reconstruction expert may be employed to make a scientific analysis of the collision, taking into account the truck’s speed and braking distance as well as the surrounding circumstances. 

• Causation and liability — The defense team can show that the actions of the driver and trucking company were not the main causes of the accident. The accident may have been primarily caused by the plaintiff's distracted driving, violation of traffic laws or other acts of negligence. In multi-vehicle accidents, liability can be apportioned among the parties to reduce the company’s exposure. The defense can also point to external factors like weather and road conditions.

• Cargo and equipment —Claims of improper loading, overloaded trucks, or equipment failure can shift liability. Proof that cargo was properly loaded and secured and that equipment met safety standards can be critical. Maintenance records, cargo manifests and inspection reports can rebut allegations that the truck was a hazard due to company oversight.

• Company policies and practices — The defense can be enhanced with evidence of strong internal safety policies, training programs, and adherence to industry best practices. The attorney can demonstrate a proactive safety culture, such as by providing records of ongoing driver education or rewards for safe driving.

Truck accident defense attorneys often employs specialists in accident reconstruction, biomechanics or trucking regulations to serve as expert witnesses in depositions or at trial. Attorneys also may need to make strategic choices, such as challenging the jurisdiction or venue if it seems to favor the plaintiffs.

Whether you are a trucking company or an insurer, Quinn & Kronlund, LLP in Stockton, California stands ready to provide a thorough and efficient defense against any damages claim you are facing. Call us at 209-943-3950 or contact us online for a consultation.