If a person ends up in a truck accident, he or she has the right to file a case against the driver and the consignment agency for compensation. You can claim for the damages, the hospital expenses, the income forgone due to the accident, and also the legal expenses incurred to bring up the case. In most of the truck accident cases, the accused will employ an attorney to defend the case and to reduce their liability. Some of the common defenses used by the defendant during a truck accident lawsuit are as follows.
It is a common defense used in most of the accident cases. It includes claiming that the injured person is also responsible for the accident. If the accused is able to prove that the plaintiff is partially responsible for the event, they will be relieved from a proportion of compensation. As per the laws of some states, if the accused is able to prove that the plaintiff is responsible for more than 50 percent of an accident, he or she will not be liable to compensate the injured person.
Shifting The Burden To Other Parties
If there is more than one vehicle involved in a truck accident, most of the trucking companies will argue that the third party is responsible for the event. It is a valid argument and it is the duty of the third party to prove their innocence. If there are multiple parties involved in an accident, it would be better to file a combined case against the trucking company to make this defense void.
Consideration Of Time Limit
The judicial system has prescribed a time limit to file a case. If you have met with a truck accident, it is mandatory to file a case within 2 years of the event. In normal cases, if you are filing the case after the time limit, the defendant can request the court to dismiss the case. If the court finds that there were no valid reasons to delay the filing of the case, they may agree with the defendant and may dismiss the case.
The above mentioned are some of the commonly used defenses to escape from a truck accident liability. Some of the trucking companies may also argue that the consignment was not authorized and the truck driver acted on their own. In any case, if you are having a good accident lawyer, you can get your rightful compensation.