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Are you ready for these 5 truck accident defenses?

On Behalf of | Oct 24, 2024 | Motor Vehicle Accidents |

If you’ve been injured in a truck accident, then you know all too well the damage that can be caused by one of these wrecks. In its aftermath, you’re probably struggling to pay your medical and rehabilitation bills, and the physical and mental toll it’s taken on you is probably overwhelming. All of this can create uncertainty and fear about the future. You might be left wondering if you’ll ever get back on your feet, and you might be worried about maintaining your housing. But you shouldn’t have to live a life riddled with anxiety because of a truck accident.

The good news is that you might be able to alleviate some of pressure you’re feeling by pursuing a personal injury lawsuit. Yet, even if your case seems straightforward, you need to be prepared to counter aggressive defense strategies implemented by the trucker who caused your wreck and their employer.

Be ready to address these truck accident defenses

The trucker and truck company that you sue may have several defense options that they can lean upon in your case. Therefore, as you proceed with your claim, you should be prepared to address the following arguments:

  1. You were to blame: If the truck company can successfully show that you were at least partially to blame for the accident, even just a little bit, then the amount of compensation that you recover can be drastically reduced. So, analyze your driving actions leading up to your crash to see if there are weaknesses here that you need to be prepared to address.
  2. Failure to mitigate: You have an obligation to try to mitigate your damages after your accident. Therefore, the defense might argue that you didn’t seek timely medical care or that you otherwise acted in a way that exacerbated your damages. Be sure to take quick action to secure medical treatment and try to offset your losses as much as you can while your claim is pending.
  3. Evidentiary issues: The defense will probably try to claim that you have insufficient evidence to prove your case, but they might also turn to the rules of evidence to try to exclude key evidence. You need to be ready for these arguments so that you know how to bolster your case and respond to their arguments.
  4. Your injuries aren’t as severe as you claim: Another way to try to minimize the judgment against them, the defense might argue that your injuries aren’t as bad as you claim them to be. They might even have their own medical experts testify. So, be sure to seek out medical treatment and secure expert testimony if needed.
  5. Someone else was responsible for the wreck: If your accident involved multiple vehicles, then there’s a good chance that the defense is going to try to pawn liability off on someone else. In these instances, you might need an accident reconstruction expert to help you provide the judge and jury with an opinion as to how the accident was caused and who is truly to blame for it.

Don’t let your truck accident case get derailed

You need to win your truck accident personal injury case if you want to secure the compensation needed to advance your recovery. And the process of pursuing a successful claim can be difficult. But you can minimize the risk and increase your chances of winning your case by being thoroughly prepared and readying yourself to aggressively advocate your position. By doing so, you’ll hopefully secure the just outcome needed to set yourself on the road to the fullest recovery possible under the circumstances.