It only takes a fraction of a second for an errant truck driver to make a mistake that costs you your health, well-being and future. In the aftermath of one of these wrecks, you can be left with a lot of damages and questions, not knowing where to turn for the assistance you may need. The good news is that a personal injury lawsuit might provide you with some of the relief that you seek, but it’s important to recognize that these cases aren’t always as easily won as they may seem. In fact, if you don’t carefully craft your legal arguments, then you could wind up losing on your claim.
So, as you start to figure out the best way to seek accountably and recover compensation, you have to think through the challenges you might face in pursuing your claim. This includes careful consideration of the truck accident defenses you might be up against.
The truck accident defenses that might face in your case
Negligent truckers and their employers could have several options when it comes to defending against a personal injury case. You have to be aware of these legal strategies so that you can effectively confront them. Here are some of the most common and most powerful defense arguments you might have to square off against:
- Comparative fault: If possible, the trucker and their employer are going to try to shift the blame to you. If they’re successful in doing so, then the amount of compensation that you recover can be drastically reduced. If you suspect that this tactic is going to be used in your case, then think through your actions leading up to the crash and find ways to minimize any mistakes that you may have made.
- Sudden emergency doctrine: Another common legal argument seen in truck accident cases is the sudden emergency doctrine. Here, the trucker argues that, although they caused the accident, it was in response to an emergency situation, and that their actions were reasonable at the time. For example, if a trucker swerves to dodge a child who ran into the street, causing them to slam into your vehicle, then they might have a strong defense. In these cases, it’s important to focus on the reasonableness of the trucker’s actions in light of the circumstances that existed at the time.
- Trucker blame: If the trucker is employed by a truck company, then the trucker’s employer may do their best to shift the blame back onto the trucker. This is because the truck company has deeper pockets that are more likely to pay your damages, so they know that if they’re on the hook they’ll have to pay more. For example, the truck company might present evidence that shows that the trucker was engaging in activity that was beyond the scope of their employment when the wreck occurred, such as traveling to visit a landmark that was close to their route but still caused deviation from their employer-approved route.
Although these defenses can threaten the viability of your personal injury case, there are ways to fight back against them. You might be able to successfully attack witness credibility, use the rules of evidence to block evidence from being admitted at trial and depose the defense’s witnesses to see if you can lock them into statements that are helpful to your position.
We know that you’re dealing with a lot as you try to recover from your accident injuries, and pursuing legal action may not be something with which you’re comfortable. But don’t feel like you’re isolated in navigating this process. You can work closely with your personal injury attorney to ensure that you build an effective and hopefully successful case that gives you the resolution needed to advance your recovery as fully as possible.
