Common Defenses to Trucking Accidents

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Common Defenses to Trucking Accidents

Common Defenses to Trucking AccidentsInsurance companies and defense lawyers will try every argument they can to avoid paying your claim. They will fight to minimize any amounts they do have to pay. And if you don’t have an experienced Nashville truck accident lawyer on your side, you may be taken in by some of these arguments during the settlement negotiation phase. We want you to be prepared, whether you end up going to trial or not.

If you were in an accident with a truck, here are some of the things the company’s insurer may do to try to prove you have no claim:

  • Claiming that the accident was your fault. If the accident was completely your fault, then your claim will likely fail. But if it’s only partially your fault, you may still be able to make a claim for damages under our system of modified comparative negligence. Defense lawyers know this, so they’ll try to show that you were more at fault than the driver was. If you were 51% or more at-fault for the truck accident, your claim for damages will be denied. If you were found at-fault for up to 50%, your claim is reduced to reflect your degree of fault. For example, if you were 20% at-fault and the jury award is $300,000, your claim will be reduced by 20% of $300,000 ($60,000). Your net award will be $240,000.
  • Someone else caused the accident. Insurance companies LOVE to point fingers. The truck driver or trucking company may blame a truck part manufacturer or another driver. If another party is at-fault, though, you should still succeed in your claim. The main difference is that the damage payments may be shared between the responsible defendants.
  • Lack of evidence as to liability. Plaintiffs need to prove someone else caused their accident. Typically, we file a negligence claim or a product liability claim. In negligence cases, truck accident lawyers must show a defendant was careless and that the careless act caused your injuries. In product liability cases, attorneys need to prove a product was defective and that the defect caused your harm. The accident victim does have the burden of proving his/her case.
  • Lack of evidence as to economic damages. These damages are normally proved through medical bills, medical reports, employer statements, and vocational reports. Economic damages also include property damage which are documented through repair statements or appraisal reports. Make sure to have all your paperwork in order, and bring it to us. If you’re having trouble getting the documentation, we can help you.
  • Lack of evidence of pain and suffering. Here the defense team will try to argue that your pain isn’t really that bad. They’ll try to show that you do many physical things that show you can function. They’ll argue that you would have seen a doctor sooner if you were really hurt. Respected trial attorneys will show through medical reports, your testimony, and the testimony of family, friends, and coworkers how devastating and life-changing your injuries really are.
  • Technical defenses. Lawyers will argue that you didn’t file your claim on time or didn’t file a claim against the right party. It’s important to see your lawyer as soon as possible so the case can be filed timely and correctly.

At the Rocky McElhaney Law Firm, our Nashville truck accident lawyers are highly experienced trial lawyers. We’re ready for the arguments and gimmicks defense lawyers and insurance adjusters use.  We understand how to fight and counter defense strategies. If you were injured in a truck accident, you need skilled aggressive lawyers on your side. To speak with an experienced truck accident attorney, please call us at 615-246-5549 or complete our contact form to schedule an appointment. We have locations in Nashville, Hendersonville, and Knoxville, Tennessee, and work with clients all over the state.