How Trucking Companies Defend Against Claims
Truck accidents in Alberta involve high stakes: catastrophic injuries, complex liability, and insurance coverage reaching millions. **Trucking companies and their insurers move fast to protect their interests, not yours.**
These corporations employ teams of adjusters, investigators, and defence lawyers whose goal is to minimize payouts by making claims seem smaller, weaker, or entirely the claimant's fault.
As Alberta truck accident lawyers who once defended insurers, we know these strategies—and how to counter them. This guide explains common defence tactics, important evidence, and how an experienced lawyer can level the playing field.
This guide covers:
Why Trucking Companies Fight Claims So Aggressively
Truck accidents are more costly than other collisions. Settlements often include lifelong medical care, lost income, and future rehabilitation. Commercial policies have **multi-million-dollar limits**, leading trucking companies and insurers to invest heavily in **damage control** immediately after a crash.
Common reasons they fight claims include:
Common Defence Strategies Used by Trucking Companies
Defending a claim is a coordinated effort by trucking companies and their insurers to reduce or eliminate what they pay, relying on several key strategies:
Blaming the Victim
Arguing that the injured person caused or contributed to the crash—citing 'cutting off' the truck, braking suddenly, or failing to maintain visibility. Alberta's *contributory negligence* laws allow for reduced compensation if even partial fault can be assigned.
Denying Negligence or Fault
Claiming the driver did nothing wrong, attributing blame instead to weather or road conditions, or asserting that the accident was 'unavoidable.'
Disputing the Severity of Injuries
Even when liability is clear, insurers question the seriousness of injuries, labeling them 'minor' or unrelated to the crash. This tactic is used to argue for Alberta's *Minor Injury Cap* (roughly $6,000 in 2025).
Manipulating or Withholding Evidence
Delaying the release of crucial information such as *black box data*, *driver logs*, or *maintenance records*, with the intent that evidence degrades or deadlines pass. In some cases, evidence 'goes missing' after notice is sent.
Hiding Behind Contractors and Complex Corporate Structures
Many trucking companies claim the driver was an 'independent contractor' or that another entity (like a logistics firm or shipper) is to blame. This deflection creates confusion and delays settlement.
Offering Early, Low Settlements
Insurers often rush in with a quick settlement before you know the true value of your claim—locking you into a release that prevents further recovery.
Using Private Investigators or Surveillance
They may monitor social media or even film you in public to suggest you're 'not as injured' as claimed.
Expert Shopping
Insurers hire their own medical or accident experts to minimize findings or reframe the cause of injury.
These defences are sophisticated—but they're predictable. Knowing them in advance is the best way to dismantle them.
Steps You Should Take to Protect Your Claim
To counter trucking company tactics and preserve your rights, take these immediate steps:
Call 911 and Ensure Police Document the Scene
A police report is crucial evidence and helps establish fault.
Seek Medical Care Immediately
Even if symptoms seem minor, early medical documentation is essential.
Take Photos and Videos
Document damage, skid marks, and road conditions thoroughly.
Record Truck Details
Get the license plate, company name, and trailer number.
Collect Witness Information
Get names and contact information from any witnesses.
Request the Police Report Number
This will be important for your claim.
Avoid Talking to Trucking Company Representatives or Insurers
Do not provide statements without legal advice.
Contact an Alberta Truck Accident Lawyer Immediately
Legal help is crucial to preserve black box data and driver logs before they disappear.
How a Lawyer Fights Back Against Trucking Company Defences
A skilled lawyer anticipates and neutralizes defence tactics by uncovering facts and securing independent evidence. We do this by:
Sending Legal Preservation Letters
Sending **legal preservation letters** to stop companies from deleting data.
Obtaining Black Box and GPS Records
Obtaining **black box and GPS records** showing speed, braking, and driver hours.
Reviewing Driver Logs and Records
Reviewing **driver logs, employment contracts, and dispatch records** for rule violations.
Comparing Maintenance Records
Comparing maintenance and inspection records against **Alberta's Commercial Vehicle Safety Regulation**.
Hiring Independent Experts
Hiring independent **medical and reconstruction experts** to counter insurer opinions.
Tracing Corporate Structures
Tracing **corporate structures** to find all responsible parties and insurance policies.
Preparing for Trial
Preparing every case as if it will go to trial — often prompting higher settlements.
Frequently Asked Questions
Conclusion
Trucking companies have deep pockets, powerful lawyers, and a clear mission: to minimize what they pay injured victims. But with the right evidence, strategy, and experience on your side, you can hold them fully accountable.
Get medical help immediately
Avoid insurer contact
Document everything
Contact a truck accident lawyer early
Still have questions?
Contact us today — your consultation is free. No fee unless we win.