Truck drivers have had a bad rap in the past, and when they are involved in any crash nowadays, people are quick to point an accusing finger at them. You can be a careful truck driver and stick to all the set industry regulations yet find yourself a defendant in an accident case.
Most truck drivers and trucking companies erroneously assume that any lawyer can help them get an acquittal when accused of causing an accident. However, not all lawyers are equipped with the knowledge and skill to defend their clients. Without an auto accident injury attorney experienced in trucking accidents, however, getting an acquittal in Denver will be an uphill if not altogether impossible feat.
This is because trucks are governed by different regulations from those governing regular cars hence your case might not be the same as that of an accident involving other vehicles. The following are some of the defenses which the attorney might apply to get you acquitted or reduce the plaintiff’s claim.
Plaintiff Fault
A few states enforce comparative negligence laws. These allow a plaintiff to be held partly responsible for the causation of an accident. If the complainant is found partially responsible, then the courts might reduce his/her compensation based on his/her level of fault.
A few states will negate compensation altogether if the plaintiff’s fault percentage is above 50 percent. Photos of the accident scene, CCTV footage, and police reports will help you ascertain the level of fault of another driver in your accident’s causation.
Honest Accidents
If you can demonstrate that the accident was caused by an honest mistake rather than your negligence, then you will be able to mitigate the damages. You might have swerved to avoid hitting something else or miscalculated a particular distance and consequently rammed into the plaintiff. In this case, your company’s liability coverage will pay for the plaintiff’s damages. You will, however, escape liability for negligence.
Plaintiff Exaggeration
A plaintiff is only allowed to sue you if the accident resulted in measurable losses or actual harm. Because of the large insurance policy which trucks carry, most plaintiffs tend to exaggerate their injuries to get high compensation. They will even collude with unscrupulous medics and mechanics to get evidence of the same.
Most attorneys will use an investigator to ascertain whether the plaintiff’s injuries are consistent with his/her daily activities or the damage to the car is consistent with the accident.
Third Party Liability
Some accidents can be attributed to a party other than the trucking company or plaintiff. In most cases, the third party is the truck manufacturer due to a defect in the truck’s parts. In these cases, the plaintiff should sue the third party rather than a truck driver or the trucking company.
Other than the above defenses, your attorney can petition the courts to dismiss a plaintiff’s case if it has passed a state’s statute of limitations. In most states, the deadline for filing an accident case is a year.
Most juries will be prejudiced against a truck driver or the company in an accident’s causation. There is however no reason for you to pay for the mistakes of other reckless truck drivers. With a good lawyer to handle the above defenses, you can be assured of a fair outcome.
