Common Defenses Raised in Truck Accident Cases
Going up against truck drivers, the big trucking companies, and the many insurance companies that represent them is never easy. After a truck crash, you likely sustained very serious injuries and you deserve compensation for your losses. The damages available in truck accident cases are typically higher than settlements awarded in crashes involving two passenger vehicles. As such, liable parties raise many defenses to shield them from paying full damages. Below, our San Antonio truck accident lawyer explains what the common defenses are, and how you can fight back against them.
You Caused the Crash
One of the most obvious defenses raised is that you caused the accident and so, do not deserve compensation for your injuries and other losses. If the trucking company can show that you caused the accident, they may not be liable for paying any damages at all. Even if the trucking company can show that you were partly at fault, it may reduce the damages they have to pay. In Texas, you cannot claim damages if you were more than 50 percent at fault. If you are found to be at fault, but your percentage is 50% or less, the value of your damages or compensation determined by the jury is reduced by your same percentage of fault.
Another Driver Caused the Crash
Even if the trucking company does not argue that you caused the crash, they may claim that another driver did. This defense is most often used when multiple vehicles are involved. For example, another driver may cut off a truck driver in front of you. The truck driver may try to merge into your lane to avoid hitting the other vehicle but crashes into you instead. In this instance, the trucking company may argue that the motorist who cut their driver off is to blame.
While you would still be able to file a claim against the motorist, you should still determine if the truck driver or trucking company is at all to blame. Another motorist will have lower limits on their insurance policy, but a trucking company will have much higher policy limits, so you can obtain a settlement that will more adequately cover the cost of your injuries and damage.
You Overestimated Your Damages
The trucking company will likely argue that you are not as injured as you are claiming or your injuries are from preexisting injuries. It is critical to take pictures of your injuries as soon as you sustain them, and then throughout the recovery process. You must also obtain medical attention immediately following any truck accident. Your injuries will likely be very serious and you do not want them to get worse. Additionally, obtaining medical treatment right away will help prove that the crash caused your injuries.
Our Truck Accident Lawyer in San Antonio Can Counter These Claims
Insurance and trucking companies will raise many defenses during your case and without the help of a San Antonio truck accident lawyer, it can be very difficult to fight back against them. At the Law Office of Israel Garcia, our experienced attorney can counter these arguments so to help you obtain a fair settlement. Call us now at 210-LAW-9999 or contact us online to request a free consultation and to get more information.
Source:
statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
