Available 24X7
(281) 587-1111
(281) 587-1111
(281) 587-1111
November 20, 2023 by Greg Baumgartner
Preparing to defend your injury claim but don’t know how to go about it? Our Houston truck accident lawyers can help.
Personal injury claims are typically hard to litigate but not impossible. By consulting our Houston truck accident lawyers, you can improve the chance of a positive outcome of your truck accident claim.
Here are the common defenses employed by trucking companies in accident lawsuits:
A trucking company may assert that the accident resulted from a failure in the vehicle’s components, such as:
Yet, while the insurance company trying to add other parties to your case to dilute liability can have some advantages for truck accident lawsuits, the condition of the rig ultimately falls on the motor carrier.
Trucking companies may assert that adverse weather conditions or poor road conditions were the primary causes of the accident. The objective is to minimize their liability and suggest the conditions were beyond the driver’s control.
This defense is subject to the safety rule for commercial drivers, requiring them to use extra caution in bad weather and stop if the conditions require it.
Trucking companies can claim that the liable trucker is an independent contractor. Establishing this distinction can affect the company’s control over the driver. Yet, the motor carrier bears responsibility for the driver’s actions who drive under their banner.
Trucking companies might challenge the presented evidence, questioning its accuracy or reliability. This defense aims to create doubt regarding the facts surrounding the accident.
In almost every case, the defense will raise this issue.
Companies may argue that the injured party is partly or fully to blame for the accident. The comparative negligence principle in Texas reduces the compensation amount to be recovered from the trucking company.
This is a common defensive strategy in almost every commercial vehicle crash.
Trucking companies may cite pre-existing injuries that aren’t related to the accident. This strategy aims to minimize the trucking company’s financial responsibility.
A trucking company may argue that the driver was forced into an emergency. This defense often involves detailing unforeseen circumstances that led to the collision. Sudden emergency defense suggests to a jury that the driver’s actions were reasonable under the circumstances.
Companies may claim that the driver was adequately trained and that any actions leading to the accident were contrary to their training. This defense aims to blame the individual driver rather than the company’s overall practices.
Ensuring road safety is paramount for truckers. Here are five practical tips to enhance truckers’ safety:
Before hitting the road, conduct thorough checks on your truck’s brakes, tires, and overall condition. Catching potential issues early can prevent accidents.
Long hours demand self-care. Stay hydrated, take breaks, and prioritize getting enough rest. Fatigue can compromise your focus and reaction time.
Stay updated on weather forecasts along your route. Adjust your driving speed and strategy accordingly to navigate safely through challenging conditions.
Give yourself ample space behind the vehicle ahead. This ensures you have enough reaction time in case of sudden stops or emergencies.
Embrace safety-enhancing technologies like collision avoidance systems and GPS trackers. They can provide valuable assistance in navigating routes and avoiding potential hazards.
These defenses can significantly impact the outcome of your case. Understanding these defenses can help you build a stronger personal injury case and anticipate counterarguments in pursuing justice.
Our truck accident lawyer in Houston has over 35 years of expertise and an unparalleled track record of winning 18-wheeler and commercial vehicle accident lawsuits. Contact us for a free consultation.
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
When to hire a Houston truck accident lawyer
Houston Fatal Truck Accident Lawyer Near You
How long does it take to settle an 18-wheeler accident case?
Why are Settlements Larger for Truck Crashes?
The Difference Between Car Accidents and Big Truck Wrecks
What is the Average Semi-Truck Settlement?
Mitigation of Damages in Texas Personal Injury Cases
What are Factors and Conditions in Texas Crash Reports
How do Pre-Existing Injuries Affect a Texas Personal Injury Claim?
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
NEED HELP? HAVE QUESTIONS?
