Trucking companies, truck drivers, and their insurers typically raise several defenses in truck accident suits in an attempt to avoid liability. The most common defenses in truck accident cases are lack of causation, contributory negligence, and assumption of risk, each of which is discussed briefly below.
- Lack of Causation: In order to prove causation in truck accident cases, you must demonstrate that the defendant’s conduct was the cause of your injuries. To satisfy this requirement, you do not have to show that the defendant was the only responsible party, but only that there is a connection between the defendant’s conduct and the injury such that the injury would not have occurred without the defendant’s actions. The continuous causal connection between the fault and the injury is the most important element necessary to prove causation in a truck accident suit. This means that if it were not for the defendant’s act, the injuries would not have occurred. If there is no causal connection, the defendant will not be held responsible for your injuries.
- Contributory Negligence: Defense attorneys attempt to prove that you were contributorily negligent in causing your own injuries. If you were in any way at fault for causing your own injuries, then you are not able to recover damages. This means that if the defense proves that you are 1% at fault in the accident, you will receive no compensation for your injuries. Contact the experienced truck accident attorneys at Our Law Firm to discuss whether contributory negligence bars your truck accident claim.
- Assumption of Risk: If you engage in inherently risky or dangerous activities and suffer injury as a result, you may be deemed to have “assumed the risk” of injury associated with that activity. For example, if you drive a car that you know has failing brakes, then you would have assumed the risk of any accident that may occur as a result of being unable to stop the vehicle in a timely manner.
The experienced truck accident attorneys at Our Law Firm will thoroughly investigate the accident in order to prove that the defendants were responsible for causing the crash, and therefore liable for your injuries. It is important in truck accident cases that you not discuss fault with anyone except your attorney, or you could unwittingly provide the other side with a built-in defense to the charge of negligence.