In the aftermath of a truck accident, you probably want accountability and compensation. A personal injury lawsuit is probably the best way to seek out that resolution, but the process is likely going to be contentious. You’ll probably file your claim against both the trucker who caused the accident and their employer, which can leave you up against multiple defense strategies.
What defenses do you need to watch out for?
There are several defenses that you might face. This includes the following:
- Frolic and detour: To try to avoid liability, the truck company might try to shift the blame back on the trucker by arguing that they were operating beyond the bounds of their employment at the time of the accident. If they succeed in doing so, then your recovery may be limited in that only the trucker will be found liable, and they may not have the resources necessary to make you whole again.
- Comparative negligence: The trucker and their employer are probably going to try to claim that you’re to blame for the accident, at least to some degree. If they convince a judge or jury of this fact, then your recovery will be reduced by the amount of fault allocated to you.
- Damages challenges: Even if you successfully impose liability on the trucker and their employer, your recovery might still be limited if there are evidentiary issues pertaining to your damages.
- Third-party negligence: The defense might also try to sidestep liability by arguing that some other third party is to blame for the accident, which is why you should make sure that you’re including all necessary parties in your claim.
Take control of your personal injury case
As you can see, there’s a lot to deal with in a personal injury case. As a result, you need to be anticipatory and comprehensive as you develop your legal strategy. Only then can you rest assured that you’re putting the best case forward and maximizing your chances of recovering the compensation that you’re owed.