What the Trucking Industry Doesn’t Want You to Know
Truck drivers play an important role. We saw what happened when COVID messed up the supply chain – things all but ground to an absolute halt. Without the trucking industry, America wouldn’t run. Shortages would be everywhere, and the bulk of everything we rely on just wouldn’t be available.
Just as important as that job is, safety on the roads is important too. When something goes wrong, and trucks crash, the trucking companies and their insurance providers are going to work hard to minimize the liability they assume. The trucking industry has some dirty little secrets, and the Car Crash Captain is here to uncover them.
Destroying Black Box Data
Modern trucks are equipped with an Electronic Logging Device (and ELD) or an Event Data Recorder (EDR). These things are like the black boxes on airplanes – they record all the data like speed, hours of operation, braking, and more. They shouldn’t be messed with, but to try to protect themselves trucking companies might erase or alter the data that has been recorded.
It happens more often than one might think. One notable case occurred around 2010 when a trucking company was found liable for $20 million after the judge determined there was “willful destruction of evidence” regarding the EDR. Employees claimed the data was downloaded before the device was wiped, but nobody knew who downloaded it, where it was stored, or how to retrieve it. They were found guilty of intentionally erasing that data.
Fudging Hours of Service Numbers
Regulations are in place that are very clear on how many hours a driver can spend on the road, and how many hours that driver must spend not operating the truck to become fully rested before the next stretch. This has been huge in helping to prevent fatigue-related crashes. In the days of paper records, it was easy to fudge those numbers, now it’s harder, but not unheard of.
In 2019 a crash in New Hampshire killed seven motorcyclists. The owner of the company was actually sentenced to prison after an investigation found he had falsified the driver logs so his drivers could spend more hours on the road. He also lied to investigators about showing his drivers how they can deactivate their electronic logging devices.
Hiring Unqualified Drivers
To drive truck, you have to go through a bit of specialized training. This training ensures that the driver knows how to handle a huge vehicle, how to safely navigate roads, how to inspect the truck for roadworthiness, and more. But there’s a big shortage on drivers, and some companies in the trucking industry are willing to cut corners in the hiring process and employ drivers with poor safety records, substance abuse issues, or even fraudulent CDL’s.
A crash near Aspen Park, Colorado occurred in June 2024 that killed a motorist. The driver had been driving commercial vehicles in the US for 7 years, but never acquired his CDL here in the states (he did have a license valid in Mexico). The company that hired him had a history of employing unlicensed drivers and ELD violations.
Lowballing the Settlement Offers
One of the sneakiest ways the trucking industry uses to get out of their obligations is to lowball a settlement and push the victim to make a quick decision. Their goal is to pay out as little as possible, before the victim fully realizes the extent of their injuries, or the financial impact the wreck is truly going to have.
This happens all the time, which is why you need a truck wreck lawyer on your side. A resident in Virginia was rear-ended on the interstate and fractured her left foot. A seemingly small injury, but it cost nearly $150,000 in medical expenses, and she couldn’t return to work. Adding those together, the insurance company offered a $450,000 settlement. Her attorney, however, said that wasn’t going to cut it. In the end, to avoid a lengthy trial, the company upped their settlement to $1.6 million.
Hiding Evidence
If there are no assets, it may be hard to get a company to pay for the damages they have caused. Insurance is designed to protect assets, or to ensure payment if the damages exceed what a company has, but things can get complicated. Some companies try to hide assets by operating under shell companies – they hope to reduce the amount they pay out if found liable because they can claim the company has no money.
Kal Freight, a trucking company that filed for bankruptcy in 2024 tried this tactic. They transferred ownership of equipment to another company as they attempted to shirk their duties to their creditors. However, the courts were able to “pierce the corporate veil” and find where the assets and money were being hidden.
Why You Need Herbert Law Group
The bottom line is that the trucking industry is all about making profits. When they can reduce their liability, it means their profits can continue to rise. Sometimes that means manipulating the data, erasing data, lying, or lowballing. These acts might be legal (lowball offers) or illegal (erasing data), but all of them are rather unethical.
That’s why you need a truck accident lawyer that isn’t afraid to go after them and help you receive the settlement you truly deserve. Herbert Law Group is on your side, fighting for justice.
If you’ve been injured in a truck accident, we need to talk. Call our offices at 214-414-3808, and we’ll have a conversation about what happened and determine how we can help. Can’t talk on the phone right now? Get in touch through our contact form and we’ll reach out to you.