Defenses Used By The Trucking Companies To Avoid Liability
It is a known fact that the victim of a truck accident can sue the trucking company for claiming money for the damages caused by the accident. The company has the responsibility to compensate you if the accident was a result of their fault or negligence. You can seek the help of a truck accident lawyer for filing a lawsuit in the court for the purpose of claiming money.
This compensation will involve different damages such as medical bills, loss of pay, pain and suffering, property loss, etc. The trucking company or their insurance company has the responsibility to provide the right compensation you deserve.
However, getting compensation from the trucking company will not be as easy as you think. They can use different defenses against you for avoiding liability. These factors may greatly affect your claim, hence, it is important for you to be aware of them. The following are some of the common defenses used by the trucking companies for denying the liability.
Comparative Negligence
This is a factor that can jeopardize your claim. A trucking company can claim that you are partially responsible for the accident, which is called comparative negligence. If you are found to share a percentage of fault for the accident, then it will reduce the amount you can claim. However, it does not mean that you will not receive any compensation. You will get a portion of the total claim amount based on your percentage of fault, i.e., if you have 30% responsibility for the accident, then you can get 70% of the total claim amount.
Other Parties
If there are more parties involved in your accident case other than the truck driver, then the company can claim that the accident was their fault. If they were also responsible for the accident, you will have to file a lawsuit against them too for recovering the damages.
Statute Of Limitation
You are allowed a specific time for bringing a lawsuit after the accident. If you exceed this time frame, then the trucking company will argue to dismiss the case, unfortunately, the judge is most likely to agree with them, as it is mandatory to follow the statute of limitations except in some special cases. Hence, it is better to consult a truck wreck lawyer as soon as possible after the accident. A truck accident lawyer will help you to file a lawsuit in the court at the right time.
