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Be prepared for these defenses in your truck accident case

On Behalf of | Oct 30, 2023 | Personal Injury |

A semi-truck accident can leave devastation and catastrophic injuries in its wake. If you or a loved one was involved in one of these crashes, you probably know this reality all too well. The physical pain and suffering that you’re going through can be overwhelming, and the emotional and financial losses you’ve experienced can leave you uncertain about the future. Fortunately, a personal injury lawsuit might give you the relief you need.

If you want to secure the financial resources that you deserve, though, you’re probably going to have to take legal action against both the driver of the truck involved in your accident and their employer. By suing both, you might be able to gain access to deeper pools of financial resources that are more capable of paying you for your damages.

As you navigate your case, you’ll need to be aware of some of the common defenses that you’ll face so that you can be prepared to counter them.

Common truck accident defenses that you might face

You might face multiple defense strategies as you move forward with your truck accident personal injury claim. Here are some of the most common defenses that come up in these sorts of cases:

  • The trucker was operating outside the scope of their employment: Truckers are tasked with completing specific jobs as part of their employment. Sometimes these drivers stray from their duties, such as when they take a detour to visit a historical site or national monument. If the accident occurred during one of these side trips, the truck company will probably argue that frolic or detour has occurred, in which case the truck company might be shielded from liability.
  • You were the main cause of the accident: Truck companies are notorious for trying to shift blame onto others. Therefore, if the exact cause of your wreck is in question, the truck company is probably going to argue that you caused it. Even if they can’t show that you are wholly to blame for the crash, they might be able to mitigate their damages if they can demonstrate that you contributed to the accident in some fashion.
  • Third-party liability resulted in the crash: If the truck company can’t prove that you caused the accident in question, they’ll turn to others who were involved in the crash. While it’s important to include these parties in your lawsuit, your focus should probably be on the truck company, since it’ll be best positioned to pay you for your damages.
  • You failed to mitigate your damages: A victim in a personal injury lawsuit has a duty to be proactive and reasonable in stemming their damages. This means seeking out prompt medical attention, following medical advice, and not seeking unnecessary forms of treatment. If the truck company can argue that you failed to mitigate your damages, your ultimate recovery will be reduced.

Don’t let the truck company take control of your personal injury case

If you want to succeed on your personal injury claim, you need to be prepared to aggressively seize control of the narrative in your case. While this means gathering and presenting key evidence that speaks to liability and damages, it also means effectively anticipating and countering the defense’s arguments.

All of this might sound tricky to navigate, but don’t worry. There are ways to ensure that your legal claim is as strong as possible, thus maximizing your chances of recovering the compensation that you deserve. If you’d like to learn more about how to do that, then please continue read up on what it takes to build a successful personal injury lawsuit.