Common Defenses Used in Truck Accident Cases
A truck accident will have a devastating impact on your life in both the short and long-term. Even when high speeds are not involved, an accident with a tractor-trailer can severely harm the occupants of passenger vehicles. If you have been injured after a truck accident, you may be able to file a claim for compensation. To obtain a fair settlement, you may also have to fight back against certain defenses. Below, our San Antonio truck accident attorney explains how to do this.
The Accident was Your Fault
One of the most common defenses in truck accident cases is that you caused the crash. In Texas, if you are found to be 51 percent (or more) at fault for the crash, you are barred from recovering any compensation at all. Even if your percentage of fault is less than 51 percent, any finding of fault lower than 51 percent will reduce the amount of damages you receive by that percentage amount. It is critical to work with an attorney who will investigate the accident and ensure that you do not make statements that can be taken out of context to make you seem responsible for the crash. Insurance adjusters (even for your own insurance company) are not on your side. They are trained to come off as nice and personable at first to gain your trust and are skilled in tricking injured people into making statements against their interest and that the insurance company lawyers will later try to use to prevent you from obtaining a fair settlement.
Someone Else Caused the Accident
Trucking companies and the drivers who work for them may try to blame another party entirely for the crash. For example, they may say another driver cut the truck off, which caused the accident. A truck accident lawyer can subpoena important records and evidence that can prove who is liable for the collision. A truck accident lawyer can obtain the body camera videos of the investigating officers, which, at times, capture critical statements made by the truck driver that establish fault and that are made before the insurance companies coach the truck driver into changing his/her story. Many police agencies delete the body camera videos after 30-60-90 days if they have not been requested. So, it is important to hire a truck accident lawyer as soon as possible.
You Were Not Injured
There is little chance that you will escape from a truck accident unscathed, but that will not stop the trucking company from arguing that you were not hurt. The trucking company may also argue that your injuries are caused by pre-existing conditions, or that you did not try to mitigate the harm caused. A lawyer will advise you on the steps to take to prove your injuries. A lawyer can also collect your medical records that document the nature and severity of your injuries.
The Accident Happened a Long Time Ago
As with all personal injury cases in Texas, truck accident claims are governed by a statute of limitations. If you file your claim after the statute of limitations, or time limit, has expired you will lose your legal right to claim any damages at all. The liable party may argue that you did not file your claim on time in an effort to protect themselves. An attorney can prove that your claim was filed on time, or that one of the few exceptions to the law applies.
Call Our Truck Accident Attorney in San Antonio Today
At the Law Office of Israel Garcia, our San Antonio truck accident attorney knows how to fight back against these defenses and prove your case, so you obtain maximum compensation. Call us now at 210-LAW-9999 or chat with us online to request a consultation with our knowledgeable attorney and to learn more about how we can help with your case.
Sources:
statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
