In the blink of an eye, a truck accident can upend life as you know it. You can be left with devastating, perhaps even catastrophic, injuries that can leave you with extensive pain and suffering, physical limitations, and an inability to work. Altogether, these losses can be overwhelming, leaving you fearful for your future.
A personal injury lawsuit might provide you with relief, though. In the context of a truck accident case, this means pursuing a claim against both the trucker who harmed you and his employer, which is especially important because the truck company is much more likely to have the resources needed to compensate you for your damages.
Be ready to address these truck accident defenses
However, as you navigate your claim, you need to be focused on not only presenting evidence of liability and your damages, but also on anticipating and countering defense arguments. Here are some of the most common defenses in these truck accident cases:
- Comparative negligence: This is probably the most common defense employed by truck companies. Here, they try to shift the blame back on you in hopes of minimizing their liability. This is because, under the state’s comparative negligence law, your recovery can be reduced or even entirely barred depending on the amount of fault assigned to you. So, be ready to address your own driving behaviors at the time of the wreck so that you can minimize the impact of this defense argument.
- Third-party liability: In some instances, a truck company will try to blame some other party for the wreck. Oftentimes this is another driver. Therefore, you should make sure that you’re including everyone in your lawsuit who you think contributed to the wreck. If that’s unclear, then you may want to have an accident reconstruction conducted so that you can better gauge who is at fault for the wreck.
- Trucker frolic and detour: Sometimes the truck company will even try to shift the blame back on the trucker. This happens when the truck company suspects that the trucker was operating outside the scope of his employment when the accident occurred. This might happen when the trucker takes a detour to go sightseeing or when he takes an unapproved route to his destination. Here, you’ll want to analyze if the truck company was still receiving some sort of benefit at the time of the accident. If it was, then you can still pursue your claim against the truck company.
- No fault: In cases where the weather was bad or there was a hazard on the road, the truck company may try to argue that the accident was simply unavoidable. Don’t buy into this argument. There’s almost always something that can be done to prevent a wreck. So, analyze the facts of your case closely to gain a clear picture of where the fault lays.
Fight to hold truck companies accountable
If you’ve been hurt in a truck accident, then your losses are probably quite extensive. That’s why you need to hold the truck company’s feet to the fire to recover what you deserve. It’s a difficult task, especially given the aggressiveness with which these companies fight personal injury claims. But you can have an equally aggressive advocate on your side who can help you craft the persuasive legal arguments that you need on your side.
So, if you want to take the fight to the truck company that has changed your life in ways that you never expected, then now may be the time to reach out to a legal professional for assistance.