Over Fifty Years Of Personal Injury Law Practice

How the truck company will try to beat your personal injury case

On Behalf of | Jun 3, 2024 | Personal Injury

The damages left in the wake of a semi-truck accident are frequently nothing short of devastating. Victims tend to be left with catastrophic injuries that are expensive to treat and can limit their mobility for the rest of their lives, and the emotional hit they take can leave them reeling with anxiety, depression, and post-traumatic stress disorder.

To try to reclaim some sense of normalcy and to be able to cover their losses and secure financial stability, these victims may need to pursue a personal injury lawsuit. But those claims aren’t always as easy as they seem.

In fact, if you or a loved one are preparing to navigate one of these cases, then you must anticipate the defense’s arguments. If you don’t, then you may end up with less than you need. So, let’s look at what you should expect from the defense in your truck accident personal injury case.

Truck accident defenses that can threaten your case

The truck company that you or your loved one take action against will aggressively fight to avoid liability. Here are some ways that they might go about doing that:

  • Arguing that you were comparatively negligent: This is a go-to for most truck companies that are embroiled in a personal injury lawsuit. If they can show that you were somehow to blame for the wreck, or even partly at fault, they can significantly reduce the amount of compensation that they have to pay. Therefore, they’ll look for any angle to attack your driving actions leading up to the accident.
  • Attacking the reliability of your damages: Even if the truck company thinks they’ll lose on causation and that liability will be found, they’ll still likely contest your damages. They might bring in an expert to try to minimize the nature, extent, and severity of your condition, and they might try to challenge your prognosis. They could also claim that you haven’t taken steps to mitigate your damages, which, if successful, could hurt your claim.
  • Minimizing the credibility of your witnesses: Even if your case looks strong on paper, it can be jeopardized if your witnesses are deemed to lack credibility. So, be cognizant of what they say when they’re deposed and anything in their background that might be used against them. That way you’ll know what you need to do to stem the damage caused to their credibility and the reliability of their testimony.
  • Blaming the trucker: At the end of the day, the truck company just wants to protect itself. So, if it can sidestep liability by shifting the blame onto the trucker who caused the accident, then they’ll happily do so. Therefore, as you enter your case, you’ll need to be ready to show how the trucker was acting in accordance with their job duties and in furtherance of their employer’s interests.

Be prepared going into your truck accident personal injury case

If you want to maximize your chances of recovering the compensation you need, then you have to be fully prepared heading into your case. Whether you anticipate your case to resolve through negotiations or at trial, you have to be ready to zealously advocate for your position, anticipate the defense’s arguments, and counter the defense’s legal tactics. That’s a lot to keep in mind at a time when you’re just trying to focus on your recovery, but that’s why many truck accident victims seek out assistance in navigating their claim.