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.
Common Defenses Used by Trucking Companies in Accident Lawsuits
Here are the common defenses employed by trucking companies in accident lawsuits:
Parts or Equipment Malfunctioning
A trucking company may assert that the accident resulted from a failure in the vehicle’s components, such as:
- Brakes
- Tires, or
- Other critical systems.
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.
Weather and Road Conditions
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.
Independent Contractor Distinction
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.
Insufficient Evidence Challenge
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.
Comparative Negligence Defense Strategy
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.
Pre-Existing Conditions Assertion
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.
Emergency Situation Defense
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.
Inadequate Training Dispute
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.
Road Safety Tips for Truckers
Ensuring road safety is paramount for truckers. Here are five practical tips to enhance truckers’ safety:
Regular Vehicle Inspections
Before hitting the road, conduct thorough checks on your truck’s brakes, tires, and overall condition. Catching potential issues early can prevent accidents.
Stay Hydrated and Rested
Long hours demand self-care. Stay hydrated, take breaks, and prioritize getting enough rest. Fatigue can compromise your focus and reaction time.
Weather Awareness
Stay updated on weather forecasts along your route. Adjust your driving speed and strategy accordingly to navigate safely through challenging conditions.
Maintain Safe Following Distances
Give yourself ample space behind the vehicle ahead. This ensures you have enough reaction time in case of sudden stops or emergencies.
Leverage Technology
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 case and anticipate counterarguments in pursuing justice.
Contact the Houston Truck Accident Lawyer at Baumgartner Law Firm for Help!
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.
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
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