If you’ve been injured in a truck accident, then you need to be prepared to fight for the compensation that you deserve. After all, in most instances, victims of these kinds of wrecks have severe damages that make it difficult to get by on a daily basis. They’re often left with extraordinary medical expenses and rehabilitation costs at a time when they are unable to work and earn a wage, and the physical and emotional pain and suffering can be overwhelming.
If you’re in this position and are fearful for your future, don’t worry. Help is available. But moving forward, you have to know how to build a strong personal injury case, which includes knowing how to anticipate the other side’s arguments and countering them effectively. So, let’s take a closer look at some common defenses utilized by truck companies so that you know what to expect moving forward with your case.
Scope of employment
When it comes to a personal injury case, the focus is always going to be on who is to blame. In the truck accident context, it’s common for a truck company to argue that it shouldn’t be held responsible for its employee’s negligent actions, but it can only successfully do so if it can show that the worker in question was operating outside the scope of his or her employment in some way. This might mean that the trucker was running a personal errand or otherwise going off course. In other words, the truck company will argue that the trucker’s actions at the time of the accident were unrelated to the employer’s business. So, to beat this defense, you’ll need to be prepared to show how the trucker’s actions were still tied to his or her employer.
Many truck accidents involve multiple parties. This can make a determination of fault difficult and give a truck company more opportunity to try to shift the blame. You can protect yourself here by having an accident reconstruction conducted, which should help provide insight into how the truck accident occurred and who is to blame. You can also make sure that you’re including all responsible parties in your case from the get-go so that you can maximize your chances of recovering the compensation that you need and deserve.
Another common defense raised by truck companies is comparative negligence. Here, the truck company argues that you are to blame, at least in part, for the wreck in question. Since the judgment will be reduced by the amount of fault allocated to the plaintiff, this can be a strong defense tactic, especially considering that recovery may be barred altogether if the plaintiff is found to be more than 50% at fault. To protect your interests here, carefully analyze your driving at the time of the accident and be prepared with witnesses and documentary evidence to rebut the defense’s claims.
Build the strong personal injury case that you need to succeed
To maximize your chances of success on your claim, you need to be diligent and holistic in building your legal arguments. You have to analyze every piece of evidence to identify weaknesses and anticipate how the defense is going to respond to your case. In other words, you have to know how to address liability.
But you also can’t overlook the importance of proving damages. Do your best to paint a picture of your losses, both economic and non-economic, and back it up with as much evidence as you can.
We know that this can seem daunting, but you don’t have to face the process alone. That’s why we encourage you to seek out the support that you need to get through this trying time and find the accountability and compensation that you need and deserve.