A semi-truck accident can upend your life, leaving you with extensive injuries that prevent you from living your normal life and enjoying the activities you love. The financial burden that must be carried by truck accident victims is extensive, too, since they’ll likely have to pay for ongoing medical care and rehabilitation costs. We know the thought of those losses can be overwhelming, and you might find yourself consumed by the uncertainty of your future, but take comfort knowing that you might gain control of the next chapter of your life by aggressively pursuing a personal injury lawsuit.
As you build your truck accident personal injury claim, though, it’s important to recognize what you’re up against. After all, the trucker who caused your wreck, the truck company and the various insurance companies involved aren’t simply going to sit back and let you run the show. They’re going to fight hard to minimize their exposure and avoid paying out what you’re requesting.
What defense arguments could you face in your truck accident personal injury case?
There are several that you might have to deflect. Here are some of the most common and most aggressive that, if improperly handled, could result in a bad outcome:
- Comparative fault: The defense’s number one go-to will be comparative fault. They’ll do everything they can to dig up evidence that shows how your actions contributed to the accident, which may help them escape liability. If they’re successful in having fault allocated to you, then the portion of blame assigned to you will reduce your compensatory award by a corresponding amount. Therefore, if you’re found to be 30% at fault and your damages equate to $100,000, then you’ll only walk away with $70,000.
- Failure to mitigate damages: After being harmed in an accident, there’s an expectation that you’ll take reasonable steps to try to reduce the losses that you experience. For example, you should follow treatment recommendations so that you can get back to work as quickly as possible. If you forego needed care and then rely on your stymied recovery to demonstrate that you’ve experienced lost wages, then the defense will have ample room to argue that you’ve failed to mitigate your damages.
- Third-party liability: Even if they can’t blame you for the accident in question, the defense may try to place fault on another third-party. That may not seem like that big of a deal since you can file a lawsuit against that individual, too, but a truck company is more likely to have the resources necessary to pay for the extent of your harm. So, you’re better off here seeing if you can keep the liability attached to the original defendants you name.
- Poor weather conditions: The defense might also try to argue that, although the wreck at hand was tragic, it was simply unavoidable, and no one is to blame for that. But even if bad weather was a factor in your truck accident, you can still consider whether the trucker was acting reasonably and safely under the circumstances. If they weren’t, then you still have room to argue that they’re liable for your accident injuries.
Know your legal options to take control of your post-accident future
Although most personal injury claims wind up settling before they head to trial, they can still be hard-fought, and you still have to gather evidence to support your position and generate persuasive arguments. Otherwise, you could miss an opportunity to recover what you need and deserve. So, if you’re ready to take control of your case and your future, then now is the time to speak to your attorney to figure out the best way to build your legal claim.
