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How do truck companies defends themselves in accident claims?

On Behalf of | Aug 16, 2021 | Injuries

The damages suffered in a truck accident can be significant. In far too many instances, they leave victims with disabling conditions that make living a normal life impossible. The physical and emotional pain and suffering that is thrust upon these individuals, not to mention the financial losses, is unacceptable. This is why those who have been harmed in a truck accident caused by a negligent driver should seek legal recourse in hopes of obtaining accountability and recovering the compensation that they deserve. This usually means filing a personal injury lawsuit against both the negligent trucker who caused the accident as well as his or her employer.

However, these cases are usually hotly contested given the amount of compensation that is typically in play. Since truck companies aggressively defend themselves, you need to be aware of their defense strategies so that you can best anticipate and counter them.

How truck companies defend themselves

There are several strategies used by truck companies to defend themselves against vicarious liability claims. Here are just a few of them:

  • Frolic and detour: Here, a truck company argues that it shouldn’t be held liable because the trucker who caused the accident was operating beyond the scope of his or her employment at the time of the crash. The truck company may argue that the trucker was texting and driving, driving while intoxicated, or running a personal errand at the time of the wreck. Be prepared for this defense.
  • Comparative fault: In a lot of truck accident cases, the truck company being sued tries to shift the blame back to you. They may claim that you were speeding or following too closely, for example, in hopes of having a significant portion of the fault allocated to you. If it is successful in doing so, then the truck company can avoid paying the full extent of your damages, saving it a lot of money and leaving you financially stranded.
  • Third-party fault: Truck accidents are oftentimes complex, involving multiple vehicles. This can make it challenging to decipher who is to blame for the wreck. Truck companies will exploit this lack of clarity to their advantage. They will try to shift the blame to anybody and everybody to try to escape full liability. That’s why it might be wise for you to have an accident reconstruction conducted if your wreck involved multiple vehicles.
  • Hardline negotiation: Truck companies often escape full liability by being adept at negotiating resolution. They may make you feel like they have a strong defense, when in reality they don’t. That’s why you have to be careful in how you handle settlement negotiations, making sure you’re not being taken advantage of. You have to carefully analyze the facts of your case and your likelihood of success if you want to develop a strong negotiation strategy.

Don’t let truck companies push you around

It can be stressful to go up against aggressive truck companies that are threatening to beat you in court. But you shouldn’t be intimidated. Instead, you should be prepared. That’s why skilled legal teams like ours work closely with truck accident victims to build the compelling cases that they deserve. This isn’t an easy task, but it’s a necessary one that you have to take if you hope to find accountability and recover the compensation that you deserve.

If you want to learn more about what you can do to fight back against an aggressive truck company, then now is the time to consider reaching out to a law firm that can aggressively represent your interests.