Are you prepared to counter these truck accident defenses?

On Behalf of | May 30, 2023 | Personal Injury

A semi-truck accident can devastate your life as you know it. The injuries oftentimes suffered in these wrecks are catastrophic, leaving victims not only with broken bones, cuts, and bruises, but also with spinal cord and traumatic brain injuries.

As if the physical limitations and pain associated with these injuries aren’t enough, the financial implications of a truck accident can be astounding. Medical expenses, rehabilitation costs, and lost wages can all crater your savings, leaving you uncertain of where to turn for help. The emotional toll taken by these losses can be overbearing, too.

All of that sounds frightening, and it is to a certain extent. But you might be able to find relief through a personal injury lawsuit. As you navigate your claim against a negligent trucker and their employer, though, you’re going to come up against some aggressive defenses. You’ll need to know how to counter them if you want to increase your chances of winning your case and recovering the compensation you deserve.

Common truck accident defenses

The most aggressive defenses that you’ll see will be raised by the truck company that you’re suing. After all, they have the most to lose. Here are some of the most common defenses that they raise in these sorts of cases:

  • Frolic and detour: One strategy often implemented by a truck company is to shift the blame back on the trucker who caused the accident. By doing so, they may be able to demonstrate that the trucker was operating outside the bounds of their employment at the time of the accident, which might insulate the employer from liability. Therefore, you need to analyze trucking logs and GPS coordinates to determine exactly what the trucker was doing at the time of the accident.
  • Comparative fault: The truck company is probably also going to try to blame you for the wreck. If they’re successful in doing so, then your recovery can be significantly diminished, perhaps even barred altogether. With that in mind, carefully scrutinize your own driving actions leading up to the accident so that you can find ways to diminish comparative fault arguments.
  • Damages challenges: Even if you’re successful in proving that the truck company is liable for your injuries, you’re still going to have to present evidence that shows the extent of your damages. A truck company can get aggressive here, challenging every aspect of your claimed harm. To prepare to counter those arguments, make sure you have strong evidence to support your requested damages, which might include you medical and employment records, receipts, hospital bills, and expert testimony about your injuries, your need for ongoing treatment, and how your injuries will impact your ability to return to work.
  • Third-party liability: Another option for the truck company is to argue that another driver caused the accident, and that the trucker was implicated in the accident only because of someone else’s negligence. If this is true, then you should make sure that you’re including all necessary parties in your claim.

Be prepared to fight back against aggressive truck companies

There’s a lot at stake in your truck accident case. If you put forth a haphazard claim or aren’t prepared to counter aggressive defenses, then you might be at risk of losing out on the compensation that you need and deserve.

That’s why before moving forward with your claim, you need to carefully think through the evidence and how best to present it. With an adequate amount of preparation, hopefully you’ll be able to secure the compensation that you need to offset your losses and reclaim your life.