If you’re thinking about pursuing a personal injury lawsuit after your truck crash, you need to make sure that you’re fully preparing yourself for the process. While this certainly means gaining an understanding of applicable law and crafting arguments that seek to aggressively apply those laws to the facts of your case, it also means anticipating key defense arguments. If you overlook this aspect of your case preparation, you could be putting yourself at risk of having your claim denied.
What truck accident defenses could you see?
Truckers and their employers have a lot of options when it comes to approaching a lawsuit that’s been filed against them. However, by assessing the facts of your case, you might be able to effectively identify which of these defenses could come up in your case:
- Comparative negligence: This is probably the most commonly used defense in these cases. Here, the trucker and the truck company argue that you were partially to blame for the accident, which could end up reducing the amount of compensation that you recover from your claim. If you’re found to be 50% or more at fault, your recovery can be completely barred.
- Frolic and detour: Your best bet for recovering compensation for the full extent of your injuries is to successfully pursue your claim against a truck company in addition to the trucker who caused your accident. But the truck company might try to sidestep liability by arguing that the trucker alone is responsible for the accident. They might be able to do this by claiming that the trucker was doing something outside of the scope of their employment when the accident occurred, such as by running a personal errand.
- Third-party liability: The trucker and their employer might also try to avoid liability by shifting blame onto another driver who was involved in the crash. Although this won’t prevent you from seeking compensation against that other driver, it may impact your ability to actually recover the compensation, especially if your damages are significant.
- Minimization of your damages: Your claim isn’t only about establishing liability. It’s also about proving your damages. The trucker and their employer may try to hit you hard here by arguing that your losses aren’t as severe as you claim them to be. They might have their own expert witness to contradict your claims, so you’ll want to be sure that your claim is fully supported here.
These are just some of the most common defenses that come up in these cases. You might see others, which is why you need to take a comprehensive look at your claim to best determine which arguments you’re going to face in your case.
Building the aggressive personal injury claim that you deserve
The outcome of your personal injury case can set the stage for your recovery and your future. With so much on the line, you owe it to yourself to put forth the best legal arguments possible under the facts. Even if that seems relatively easy in your case, complications come up in personal injury cases all the time. You don’t want one of those to take you by surprise and leave you without the recovery that you need.
One way to minimize the risk associated with your case and to strengthen your ability to recover what you deserve is to navigate your case with the assistance of a legal professional. By doing so, you know that you’ll have an advocate on your side who will fight to protect your interests and your future.