Anticipating Truck Accident Defenses
Truck accidents can be devastating, with 4,213 fatalities caused by truck collisions during 2016 alone. If you’ve been injured in a commercial truck collision, the trucking company’s insurance provider will likely argue the driver wasn't at fault.
Typical Liability Arguments
Since truck collisions frequently result in devastating personal injuries and extensive property damage, insurance companies often do everything they can to avoid liability. Some of their most common arguments include:
- Comparative fault. In Texas, if the injured party is found to be 51 percent or more at fault for the accident, he's barred from recovering any compensation. Therefore, truck insurance companies often try to avoid liability by claiming the victim caused or contributed to the accident.
- Disputing injury severity. The insurance company may argue that the victim wasn’t actually injured, or his injuries weren’t that serious.
- Statute of limitations. In Texas, vehicle accident victims typically have just two years to pursue a personal injury claim. When a motorist is hurt in a truck collision, his injuries may not surface right away, or they might worsen over time. The insurance company may argue the statute of limitations should be based on the accident date, rather than the date injuries resulting from the collision were first discovered.
- Caused by another vehicle. The trucking company’s insurance carrier may attempt to blame the driver of an unidentified vehicle for the accident. It may deny liability by claiming the truck operator had no choice but to swerve out of the way or stop suddenly to avoid a collision with this mystery vehicle.
You Need an Attorney
If you’ve been injured in a truck collision, you need an experienced truck accident attorney. Your lawyer can refute these common defenses, and help you receive the compensation you deserve.
To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.
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