Is the Trucking Company Watching You? How to Protect Against Trucking Company Surveillance After a San Diego Truck Accident

If you were injured in a truck accident caused by a negligent truck driver, you must file a claim for compensation with the trucking company’s insurance company. After taking this vital step, you may get a strange feeling that you're being watched. Is it just your imagination? Maybe not. Unfortunately, the trucking company and its insurance company are likely watching you more closely than you realize. 

Our experienced San Diego truck accident lawyer at the Law Offices of Mark C. Blane understands the trucking company surveillance tactics that may be used to fight your claim. Attorney Mark Blane is here to advise you on how to protect yourself if the trucking company is spying on you. He’ll also fight hard with their insurance company so that you receive all the damages you need to recover from your devastating injuries, replace your lost wages, and get your life back on track. 

Why Do Trucking Companies Use Surveillance in Truck Accident Cases?

Trucking companies and their insurers often hire private investigators to monitor truck accident victims. Their primary goal is to find information to weaken your case. Here are some of the main reasons they may be watching you:

• Disputing liability. Investigators look for evidence to show you were fully or partially at fault for the crash. They may visit the accident scene, interview witnesses, and examine your driving history for past incidents.
• Questioning injuries. Adjusters watch for any behavior that suggests your injuries are less severe than claimed. They may record you engaging in physical activity or daily tasks without visible pain or limitations.
• Challenging disability. If you can no longer work, surveillance can be used to argue that you're capable of employment. Investigators may document your travels, social activities, and household responsibilities to try to prove this.
• Attacking credibility. If surveillance reveals inconsistencies between your claimed limitations and observed abilities, the trucking company will argue that you've been untruthful. This can cast doubt on your entire case.

What Are Common Surveillance Methods Used by Trucking Companies?

Trucking companies and their private investigators employ various truck accident surveillance strategies to gather information about accident victims. You need to understand them to know when they are spying on you and whether their actions are legal. Here are common tactics the trucking company and its insurer may employ:

• In-person monitoring. Investigators may stake out your home, workplace, or medical providers' offices. They blend into their surroundings to discreetly photograph and video your activities, social interactions, and physical capabilities. However, they are not permitted to enter your home without your permission.
• Vehicle tracking. GPS devices or old-fashioned tailing techniques allow investigators to monitor your travels. They note how far you drive, how long you're gone, and the types of errands and appointments you attend.
• Online investigations. Adjusters scour your social media profiles, online forum posts, and other internet activity. They look for posts, photos, or check-ins that contradict your claimed physical limitations or reveal risky behaviors.
• Witness interviews. Private investigators may question your friends, neighbors, and coworkers about your activities and recovery progress. They look for inconsistencies between witness statements and your accident claim.

How Can You Protect Against the Trucking Company’s Surveillance Tactics?

While trucking companies are allowed to conduct reasonable surveillance, you can take steps to safeguard your privacy and maintain the strength of your case. Our truck accident lawyer recommends you do the following:

• Follow your treatment plan. Don't skip doctor's appointments or ignore your physicians' restrictions. Gaps in treatment or "getting caught" doing activities you've been told to avoid can seriously damage your case.
• Be cautious in public. Assume you're being watched anytime you leave home. Avoid any physical activity that exceeds your doctor's recommendations. Don't try to "tough it out" in public, as surveillance may not capture the pain you experience later.
• Put your social life on hold. Decline invitations to social events, sports activities, and other functions that could be used to argue you're not as injured as you claim. Avoid alcohol consumption, as even moderate social drinking can be twisted against you.
• Monitor your social media. Set all profiles to private and don't accept new friend requests. Ask friends and family not to post any photos or updates about you. Never discuss your accident, injuries, or legal case online.

How a San Diego Truck Accident Lawyer Can Help

At the Law Offices of Mark C. Blane, our lawyer understands the immense physical, emotional, and financial toll a serious collision can take on your life. You can count on our dedicated legal team to stand up for your rights, fend off the trucking company's surveillance tactics, and fight tirelessly to secure the maximum compensation you need to rebuild your life. Here are some ways Mark will assist you.

Provide Guidance on Avoiding Surveillance Pitfalls

We’ll advise you on how to conduct yourself during the claim process to minimize the risk of damaging surveillance footage. Mark will coach you on best practices for attending medical appointments, running necessary errands, and maintaining a low profile to protect your case.

Communicate With the Trucking Company and Their Legal Team 

You can forward any messages from the trucking company or their representatives to our office. We will handle all communications on your behalf. This protects you from saying anything that could be used against you and allows our attorney to assert your rights throughout the process.

Build a Strong Evidentiary Foundation for Your Claim 

Mark will send the trucking company a spoliation letter to protect against them destroying evidence that could prove the trucker’s negligence or their violations of the Federal Motor Carrier Safety Administration’s (FMCSA) rules. He’ll also gather compelling evidence to support your case, such as accident scene photographs, police reports, witness statements, and expert analysis to present a well-documented claim backed by solid evidence. 

Work With Your Medical Team to Document Your Injuries

Our lawyer will consult with your doctors to ensure your medical records comprehensively document your injuries, treatment plan, and prognosis. This collaboration helps establish a clear connection between the truck accident and your ongoing impairments, making it harder for the trucking company to argue that surveillance footage tells a different story.

Challenge Misleading Uses of Surveillance Evidence

If the trucking company presents surveillance footage out of context to argue that you're exaggerating your limitations, we will fight back. We'll work to exclude any irrelevant or prejudicial surveillance evidence and present a more complete picture of your post-accident challenges.

Fight for a Fair Settlement That Accounts for All Your Losses 

Our lawyer will aggressively negotiate with the trucking company's insurer to demand a settlement fully compensating you for your medical expenses, lost income, pain and suffering, and other accident-related losses. Mark has effective strategies to defeat the insurance company’s arguments about why they shouldn’t pay you what you deserve.

Litigate Your Claim in Court 

Mark will be ready to take your case to trial if the trucking company refuses to offer a reasonable settlement. He’ll present a compelling argument to the judge and jury, using evidence, expert testimony, and skilled legal advocacy to demonstrate the full extent of your damages. Mark will also be prepared to counter any attempt by the trucking company to use surveillance footage to undermine your credibility or downplay the severity of your injuries.