A truck accident can leave serious devastation in its wake, oftentimes resulting in catastrophic injuries. In the aftermath of one of these wrecks, you’ll have to contend with limited mobility, excruciating pain and suffering, psychological turmoil and extensive financial losses. All of this can be challenging to deal with when you’re simply trying to focus on your recovery.
Fortunately, you may be able to find relief and secure a sense of justice by pursuing a personal injury lawsuit. If you succeed on one of these claims, then you might be able to find accountability and secure compensation to offset the extraordinary damages to which you’ve been subjected. And depending on the facts of your case, you might be able to file a claim against both the trucker who caused your accident and their employer. That said, when you pursue one of these personal injury claims, you’re bound to face strong opposition, even if the facts seem clearly in your favor.
The defenses you might be up against in your truck accident lawsuit
The trucker who caused your accident and their employer will do everything they can to limit their liability and the amount of compensation they have to pay you. Therefore, even if the evidence seems stacked in your favor, you might wind up facing some tough defense arguments. Here are some that you’ll want to anticipate and be ready to counter:
- Comparative negligence: Almost inevitably, the defense will try to claim that you’re at least partially to blame for the accident. They might argue that you were driving too fast in the moments leading up to the crash or that you were following too closely or crossed into the truck’s lane. You need to carefully analyze the evidence so that you can see where your case is vulnerable in regards to comparative negligence so that you know how to counter these arguments. After all, if you’re found to be comparatively negligent, then the amount of compensation you recover could be significantly diminished.
- Sudden emergency: The defense might be able to escape liability if they can show that their actions were in response to a legitimate emergency and that their behavior at the time was reasonable. Make sure you truly assess the nature of the claimed emergency and the actions taken by the driver to see if they align with the actions of a reasonable person under similar circumstances.
- Frolic and detour: The truck company is going to have deeper pockets that are more capable of paying you the compensation you deserve. But they might try to sidestep liability by pushing the blame onto their own trucker. Here, they simply argue that the trucker operated the rig in a way that went beyond the scope of their employment, such as by taking a detour to go sightseeing.
- Third-party liability: The defense may also try to blame another driver completely, especially if your accident involved multiple vehicles. Make sure you loop into your lawsuit all drivers who could’ve contributed to your wreck.
Build an aggressive personal injury case that takes defense arguments into account
If you want to position yourself for the fullest recovery possible, then you have to build a strong personal injury claim. This will require gathering evidence and researching the law so that you can craft compelling legal arguments. We know that can be hard to think about doing as you cope with your pain and suffering, but that’s why you may want to consider seeking out any assistance you may need in building your case. By doing so, you’ll hopefully be able to rest assured that you’ve done everything possible to protect your interests and your future.
