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Three common defenses in truck accident cases

On Behalf of | Dec 14, 2021 | Motor Vehicle Accidents

Are you dealing with the aftermath of a serious truck accident? If so, then you’re probably looking for a way to obtain accountability and secure the compensation that you need to spur your recovery forward. It’s not an easy endeavor, and it can be complicated by the fact that you may have to bring a claim against both the trucker who harmed you and his or her employer.

Common truck accident defenses

Part of building a successful claim against a truck company is anticipating the defenses that they may try to utilize. This includes each of the following:

  • Frolic: Here, the truck company tries to avoid liability by arguing that the trucker should be held solely liable because he or she deviated from his or her scope of employment. This is often referred to as frolic or detour and is often seen in instances where a trucker runs a personal errand while on the clock.
  • Contributory negligence: In many of these cases, truck companies argue that the victim is at least partially responsible for the accident. Under Montana law, a plaintiff’s recovery will be reduced by the amount of fault apportioned to him or her. Therefore, a strong showing of contributory negligence can greatly reduce a truck company’s liability. That’s why you’ll need to be prepared to defend your driving actions at the time of the accident.
  • No fault: Sometimes, a truck company will argue that there were factors outside of the drivers’ control that resulted in the accident. This may include weather conditions and road hazards. Here, you’ll want to still be able to carefully analyze the trucker’s actions to determine if they were appropriate under the circumstances.

Fight to recover the compensation that you deserve

We know the losses that you’re facing after your truck accident are extensive. That’s why you need to be prepared to fight for the compensation that you’re owed. This can be a challenging process, though, especially when you’re going up against an aggressive truck company. However, you can find assistance in building the strong case that you need. To learn more, please continue to browse our website and read up on how best to pursue a personal injury claim.

 

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