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Truck Accident Claims / 7.31.2023

5 Common Defenses in Truck Accident Lawsuits

How Truck Companies Attempt to Deny Liability or Downplay Your Claim

Trucking accidents can be devastating. Even at low speeds, a collision with a tractor-trailer or semi-truck can cause severe harm to occupants of passenger vehicles. Unfortunately, trucking companies often try to deny liability or downplay an injured party’s claim in an effort to avoid a large payout.

At Truck.Law, our experienced lawyers represent trucking accident victims nationwide. We have recovered millions on behalf of injured parties and their families. Our lawyers will fight to ensure you receive the money you deserve after an accident. If you or someone you love were involved in a trucking accident, contact our office to schedule a free, no-obligation consultation. 

Here are 5 common defenses in truck accident lawsuits and how a lawyer can help you overcome these allegations:

  1. You Caused the Accident

One of the most common arguments that trucking companies make is that the injured party was to blame for the accident. If you are found to be at fault or even partially at fault for the crash, your compensation may be reduced or denied altogether. 

The best way to ensure that the appropriate parties are held liable is by retaining an experienced attorney. An attorney can conduct an independent investigation to determine who caused the accident. A lawyer will help make sure that the statements you give are not used against you to place you unfairly at fault for the crash.

  1. Another Party Caused the Accident

In addition to placing the blame on you, a trucking company may try to put another party at fault for the accident. A truck accident lawyer can subpoena evidence to help prove your case, including who was responsible for the accident. 

  1. You Weren’t Seriously Injured

In some cases, a truck driver or their employer may attempt to downplay the seriousness of your injuries. They may try to argue that your injuries were pre-existing or that you failed to mitigate the harm, causing serious complications. 

An attorney can help prove the severity of your injuries by providing medical records and having medical experts testify. It is essential to seek medical attention immediately after your accident and to continue your treatment until released by a medical professional.

  1. The Accident Was Unavoidable

If liability is not straightforward, a trucking company may attempt to argue that the accident itself was unavoidable and not caused by a truck driver’s negligence. A lawyer can help secure the evidence you need to prove who or what caused the accident.

  1. The Accident Happened Too Long Ago

Every jurisdiction has a statute of limitations or a period of time which you must file a lawsuit within. Failure to file a lawsuit within the statute of limitations can result in your claim being denied. With the help of an attorney, you can prove that the crash happened within the statute of limitations or fell within an exception.

Contact Our Office to Learn More

If you were injured in a trucking accident, you need to speak with an attorney. Contact our office to schedule a free case evaluation. All consultations are confidential and without obligation to retain our services.

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Contact Our Truck Accident Lawyers

At Truck.Law™, we are dedicated to helping victims of trucking negligence and their attorneys obtain the full compensation they deserve. Contact us today for a free consultation and let us fight for your rights on the road. We also welcome other attorneys to get in touch with us to learn how we can help resource you in your truck accident cases. We take cases nationwide.

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Orlando
(407) 990-1900
5950 Lakehurst Dr. 270
Orlando, FL 32819
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Jacksonville
(904) 323-4466
136 E. Bay St.
Jacksonville, FL 32202
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