If you or a loved one has been injured in a truck accident, then legal action may be warranted. It also might be necessary if you hope to recover the compensation that you need to offset lost wages, medical expenses, and rehabilitation costs, as well as ease your pain and suffering. But simply filing a lawsuit isn’t enough to obtain the outcome you desire. You need to be prepared to aggressively litigate your claim, which means anticipating the defense’s arguments and countering them effectively.
Common truck accident defenses
Truck companies want to avoid liability at all costs. Here are some of the ways that they try to do that:
- Frolic and detour: Here, a truck company tries to shift the blame back onto the individual trucker who caused the accident. The truck company does this by arguing that the trucker was operating beyond the bounds of his or her job at the time of the wreck, which may include claiming that the trucker was running a personal errand, texting and driving, or taking a route not approved by the employer.
- Comparative negligence: Another commonly utilized tactic is to argue comparative negligence. This means that the truck company argues that it shouldn’t be liable because you’re partially responsible for the crash in question. Under Tennessee law, the amount of your recovery is reduced by the amount of fault allocated to you, and you can be barred from recovery altogether if your portion of fault is 50% or greater.
- Third-party negligence: Keeping in line with blame-shifting, truck companies oftentimes try to argue that another party is responsible for the wreck rather than the trucker under its employ. Therefore, make sure that you consider everyone who contributed to the accident and how much of a role they played.
Hold negligent truckers and their employers accountable
A successful personal injury lawsuit against a negligent trucker and his or her employer might give you the closure and the financial resources that you need to find stability, focus on your recovery, and move on with your life. But it’s not an easy road. If you think that a strong legal advocate by your side could make the process easier, then we encourage you to do your research and reach out to a legal team that you think can give you the strong representation that you deserve.