Getting into an accident with a truck is a nightmare that nobody should see come to reality. Since trucks are such huge and heavy vehicles, the impact of the collision is much greater. If you were hurt in a truck accident, it is important to remember that the trucking company to which the truck driver belongs will try everything in their will to lower the compensation they owe you.
In the worst cases, the trucking company may even refuse to take any accountability at all. If you are stuck in a similar situation, you can seek help from a PI lawyer specializing in truck accidents. An attorney will be able to help you combat any defenses that the trucking company throws at you and pursue the highest possible compensation.
Common truck accident case defenses that your attorney can help you combat
- Comparative negligence.
One of the most common defenses used in any type of personal injury accident is comparative negligence. In this defense, the defendant is saying that the plaintiff also had some percentage of fault in the accident; that is, they could have protected themselves from being injured if they were more responsible. If the jury agrees with them, you get less compensation depending on your percentage of fault. For example, if you were 20% at fault, you would receive 20% less of the evaluated compensation amount.
- Pre-existing injuries or medical conditions.
Another defense the trucking company can use against you is claiming that your injuries were pre-existing and that you did not acquire them through the truck accident. Or, if you were suffering from an underlying medical condition at the time of the accident, the trucking company may argue that your condition resulted in the collision.
A skilled and experienced attorney can combat these defenses by producing the necessary medical reports from your medical history.
- No one’s fault.
While not used commonly, sometimes, when the truck driver or company is not able to shift the blame on the victim, they might say that the accident was no one’s fault. They may argue that the accident was an honest mistake and could not have been avoided. Of course, they use this strategy to avoid paying any amount at all.
- Exaggeration.
Finally, the trucking company may argue that your injuries are not as serious as you claim them to be and that you exaggerate your condition. An attorney can help prove them wrong by showing accurate, objective medical evidence.
