Truck accidents involving regular-sized vehicles tend to be serious, leading to catastrophic injuries on account of the size of these 18-wheelers which ply our highways every day, transporting goods from one state to the other. Truck drivers are often under unrealistic time limitations within which they must deliver these goods in a timely manner, perhaps due to the stiff and unrelenting competition amongst trucking companies, or just an unhealthy and toxic trucking company management team that breaks OSHA and other transport industry regulations just so the company can make as much profit as possible in any given month. Truck drivers are often held liable in your accident, with other parties such as the truck company, loading company, the manufacturer also being in the mix with regard to liability and negligence. However, just because you have multiple parties that can be held liable for your injuries doesn’t mean that you can recover compensation for the same; most of the time, you will have to contend with a formidable defense, and they may try their very best to portray you as someone you are not or even apportion liability to you, something that may lower your damages or have your case thrown out if they are successful. By liaising with an experienced law firm such as ours, you get to protect your right to compensation by understanding and anticipating defense counsel tactics, which we’d be honored to reveal in this post.

Are you looking for the best truck accident injury attorney? Please call us NOW at 312-444-0214 to learn more about your legal options for justice and compensation. The experienced truck accident lawyers at McCready Law have over 50 years of combined legal expertise, and we have recovered hundreds of millions of dollars in compensation for past clients harmed by the negligent actions of other individuals or corporations. The best truck accident lawyers at McCready Law have vast trial experience, which puts you at an advantage since should we fail to come up with an agreement with the other party in settlement negotiations, we can aggressively represent you via courtroom litigation, which often fetches tens or even hundreds of times more money compared to insurance company negotiations. In addition to having a bilingual staff (hablamos Espanol), we take on truck accident cases countrywide which means you can call us from anywhere you are in the country, and we will offer timely legal assistance. Truck accident lawsuits are taken up on a contingency fee basis, and what this means is that there are ZERO UPFRONT FEES as we only levy legal fees at the end of the process, and only if we’ve recovered compensation on your behalf. For your 100% FREE, legal consultation into your truck accident injury lawsuit, please give us a call NOW at 312-444-0214 – our intake team is standing by.

Common Defense Tactics in Truck Accident Cases

Here are some of the defense strategies the other party’s counsel may attempt to use on you:

You Were Partly to Blame

The concept of comparative negligence often comes into play in truck accident lawsuits, and depending on the state, your damages may be whittled down to almost nothing if the defense can argue that you were partly to blame for your truck accident injuries. For instance, they may call into question your driving tickets, the fact that you may have been using your phone at the moment of impact, or refused to yield and let the truck pass through.

Your legal rebuttal for this defense strategy would be to produce evidence demonstrating the opposite, call on expert witnesses to corroborate the fact that the truck driver was indeed negligent, as well as using the negligence per se legal principle which concentrates on a particular action carried out by the truck driver such as driving while under the influence of alcohol, making them automatically negligent.

Mechanical Failure

The defense team may cite a breakdown of sorts that caused your accident that is mechanical in nature which was either unpreventable or something the truck driver couldn’t have anticipated such as brake failure a tire blowout, or general equipment malfunction.

Your legal rebuttal to this defense would be to ask that they relinquish maintenance logs as well as inspection records which may show that there was a lapse in the truck’s maintenance schedule which could have prevented the accident had it been repaired and have components replaced in a timely manner. In addition, you could ask that automotive experts testify to the fact that the failure was foreseeable and was due to maintenance negligence.

Assumption of Risk

The defense may state that you were aware of the risk of driving near a truck of that size and as such, you exposed yourself to danger voluntarily, waiving your right to recover damages. This is a callous allegation and one that can be shot down if you anticipate it.

Your legal rebuttal to this defense would be that you did not fully understand the risks involved and as such, cannot be said to have assumed the risk. In addition, you can assert the fact that the truck driver still had a duty of care towards you and other drivers on the road to operate their truck in a safe and responsible manner. Lastly, you can employ the public policy argument where you can assert that due to the fact that the trucking company has more power or information compared to you as an individual driver, they cannot use the assumption of risk argument.

Best Countrywide Truck Accident Injury Attorneys – Call Us Today!

Truck accident lawsuits are complicated and stressful. The process can also be long, tedious, and drawn-out, and there are so many moving parts that need to be managed over the period of the lawsuit. As an injured individual, you may be eligible for various damages such as the cost of medical treatment, lost wages, cost of rehabilitation, pain and suffering, cost of ongoing care, loss of consortium, legal fees and so much more. Don’t go it alone, and don’t talk to anyone before speaking with us – call us NOW at 312-444-0214 to learn more about how we can help you recover compensation if you were involved in a truck accident that was not your fault. Thanks for choosing McCready Law, and we look forward to helping you.