If you own a big rig that has been involved in a car accident, the owner of the car that was hit may have filed a personal injury claim against you or your company. However, not every trucking accident is the fault of the truck driver. As such, you may need to hire a defense trucking accident lawyer to assist you and help you avoid a large award if your driver was not at fault. Here are a few of the common defenses that can be used when you are in this situation.
The Victim Had Fault in Their Accident
The top defense used by defense trucking accident lawyers is that the victim either caused the accident or had some fault in the accident. They may have cut the truck driver off, stopped suddenly in front of the truck or may have been driving in the truck's blind spots. Drivers have a responsibility to drive safely and be aware of their surroundings. And the responsibilities change when driving around big rigs. If the driver is at fault or had some fault in the accident, comparative fault laws come into play.
Another Driver Had Fault in the Accident
Another defense that can be used by defense trucking accident lawyers is that another driver shared in the fault of the accident. If one driver was speeding, swerving in and out of lanes, or driving recklessly, their actions may have led to the truck driver colliding with your car. If this is the case, the other driver who was driving recklessly may be at fault for the accident and should be sued, rather than you, the owner of the big rig.
The Roads Were to Blame for the Accident
The last defense that is commonly used by defense trucking accident lawyers is that the roads were to blame for the accident. The city, county, and state are all responsible for maintaining safe public roadways. However, if a large pothole or other unsafe road hazards caused the accident, the entity responsible for the roadways may be to blame for the accident, instead of the big rig driver and owner.
If a big rig that you own was involved in a car accident that left the driver of the other car injured, they may file a personal injury claim. Fortunately, these cases are not open-and-shut cases with the right trucking accident lawyer on your side. A great lawyer can present various defenses to help minimize the amount you have to pay or prevent you from paying out an award altogether. If you are in this situation, contact a trucking accidents lawyer today for a consultation.
Share16 May 2018
Getting hurt while on the job can leave you in pain and without an income for some time afterward, but that doesn't mean that you have to start going to the food banks to make ends meet. Working with a lawyer to file a personal injury case (if the injury was due to neglect by another party) is a great way to get compensation you deserve for lost work, and to get your medical bills paid so you don't have to pay out of pocket for high deductibles. This website was built with love to provide you with up-to-date information you can use when working with a lawyer, filing paperwork, and dealing with all of the hoops and red tape of your personal injury case. Hopefully you can find the support you need right here.