Lawyers Explain: Common Trucking Company Tactics
Semi Trucks by the very nature of their size and weight can cause immense damage to other automobiles and the people who occupy them. For the most part, truck owners and/or insurers try to evade compensation for the damage, leaving the victim feeling helpless. In addition, without representation, the insurance company will do everything possible to lower the payout of the claim.
How can an Oklahoma truck accident lawyer help?
The best truck accident attorneys and experienced semi-truck accident lawyers will fight to get you the compensation you deserve
They will help present evidence and prove the liability of the trucking company
They will help overcome the defenses that the defendant asserts
Common Defenses Asserted by Trucking Companies
Comparative Fault: You are to blame too
The easiest explanation for the comparative fault defense is to say that it allows the trucking company the opportunity to say that you are also at fault for your accident. If the jury agrees with them a little, you get less compensation. If the jury agrees with them a lot, you get no compensation. This discourages lawsuits wherein the injured person was also negligent.
Statute of Limitations: You didn’t file in time
A claim must be filed by your semi truck accident lawyer within a statutory time period if you have injured as a result of negligence. The statute of limitations issue can get complicated when you have been in an accident, but your injury or resulting condition is not discovered until a few months later. For example, you may discover constant migraines months down the line. The trucking company will insist that the statute of limitations should be based on the date of the accident, and not the date you discovered your resulting medical condition.
Failure to Mitigate Damages: You know my client has deep pockets, so you are fishing
If injured you must be kept losses to a minimum. So if you are injured you have a responsibility to be treated immediately and not let your condition deteriorate so that the trucking company does not have to pay anytime more than should have been paid. You also have a duty to get reasonably priced medical treatment, and only get treatment that you actually need. You can imagine how the trucking company will argue tooth and nail with your semi-truck accident attorney to see they compensate you for the minimum amount.
Victim was Intoxicated: He was under the influence of alcohol
If the injured party was under the influence of alcohol trucking companies will argue that the victim is more at fault than the truck driver because there was alcohol in their system. Things get sly when someone had a drink hours before, so there is little alcohol in their system, and then they get hit by a truck and injured, having nothing to do with intoxication, yet the trucking company lawyer still defends his client saying that the alcohol was the reason for the accident. The same thing happens with prescription drugs.
Though these are just a few defenses Having a smart, experienced semi-truck accident attorney, will help you receive more compensation than you ever could on your own.