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Defenses to Expect in a Truck Accident Case


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11/12/2018
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Tragically, truck collisions frequently lead to catastrophic property damage, debilitating injuries, and even death. Victims are certainly entitled to compensation for the harm they suffered, but the insurance companies providing coverage to trucking companies seldom agree. Their adjusters will use any excuse they can find to protect profits by minimizing payments on claims.

Typical Truck Crash Defenses

To win a truck accident claim, injury victims must prove the trucking company is responsible for the harm they sustained. This requires evidence of fault, and this evidence will almost certainly be challenged by the trucking company’s insurance carrier. Some of the most common defenses used include:

  • It’s your fault. Since Texas is a comparative fault state, injury victims may be held partially responsible for a truck accident. Your compensation is reduced by the percentage of fault assigned to you by the court. Even worse, if the court determines you're at least 51 percent at fault, you'll be barred from receiving compensation altogether. However, an experienced truck accident attorney can provide evidence of trucking company liability.
  • It’s a third party’s fault. If insurance company adjusters can’t blame you for the collision, they may claim a third party is at fault. Your attorney can challenge their assertion by demanding proof that a third party caused the collision.
  • Your injuries are exaggerated. Plaintiffs are only permitted to sue for actual damages, so insurance companies defense teams often argue that claimed injuries are overestimated. Your lawyer can obtain and provide proof of your medical expenses, and arrange expert witnesses to substantiate your claims.

You Need an Attorney

If you’ve been injured in a truck collision, you can expect the trucking company’s insurance carrier to make every effort to minimize your claim. However, an experienced truck accident attorney can challenge their arguments and fight for the compensation you deserve.

To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

 



Category: Truck Accidents and DWI Accidents

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