If you’ve been injured in a truck accident, you’re probably ready to fight for some accountability and compensation. After all, you probably need financial resources to offset your losses, which can include crushing medical bills and rehabilitation costs. Your lost wages can threaten your family’s financial viability, and your physical and emotional damage can linger for longer than you ever expected.
While a personal injury lawsuit might lead to the outcome that you desire, it’s not automatic. You’re going to have to work hard if you want to win your case, even if the evidence seems mounted in your favor. One way to prepare yourself is to anticipate what the truck company and its insurer is going to argue; that way, you’re prepared to effectively counter them.
What common defenses are seen in truck accident cases?
Truck companies and their insurers are represented by aggressive teams of attorneys. This means that their defense strategies are probably going to be well thought out and strategic. Here are some of the defense arguments that you might end up facing in your case:
- Comparative negligence: Even if you can show that the trucker who caused your accident and his employer are to blame for the wreck, they may try to sidestep a lot of the liability by shifting the blame back onto you. This is because Pennsylvania law allows a plaintiff’s recovery in a personal injury case to be diminished by the percentage of fault for which he is responsible. This means that a $100,000 award can be cut to $60,000 if you’re found to be 40% at fault.
Truck companies are aggressive in making this argument, too. They might claim that you were driving too fast, following too closely, or that you weren’t wearing your seatbelt. So, as you initiate your case, make sure that you’re analyzing your own driving actions at the time of the accident to determine where you may be vulnerable and where you need to beef up your arguments.
- Third-party negligence: A truck company might also try to shift the blame onto a third-party, which tends to happen in accident cases involving multiple vehicles and multiple drivers. Here, you simply have to make sure that you’re including everybody in your case who may have contributed to the accident in question.
- Exaggerated damages: Even if you can successfully impose liability on a trucker and his employer, you’re going to have to prove your damages. The defense, then, might try to show that the harm that you experienced isn’t as bad as you’ve made it out to be. They might have their own medical experts come in to testify about the extent of your injuries and your need for medical treatment, and they might try to show that you’re capable of going back to work to earn a wage. Be prepared for how you can counter these arguments.
Be ready to fight to hold the truck company accountable
Preparation is key in a personal injury lawsuit. Without it, your recovery could be in jeopardy. And given the extensive harm that you have experienced, you can’t risk putting everything on the line by presenting anything less than the best legal arguments.
That’s why now may be the time for you to discuss your case with an experienced personal injury attorney. By doing so, you can gain a better sense of how to approach your case and your likelihood of success. Then, together with your attorney, you can build the legal arguments that you need to best support your position and maximize your chances of protecting your future.