How Attorneys Overcome 5 Common Truck Accident Defense Strategies to Win Your Case
Truck accidents can have devastating consequences, often resulting in severe injuries, emotional trauma, and significant financial burdens. Victims of these accidents are entitled to compensation for their losses, including medical expenses, lost wages, and pain and suffering. However, obtaining fair compensation isn’t always straightforward. Trucking companies and their insurers often deploy aggressive defense tactics to minimize or deny liability.
If you’ve been involved in a truck accident, it’s crucial to understand the strategies these companies use to defend against claims. More importantly, you need a skilled attorney who can effectively counter these defenses and fight for the compensation you deserve.
At C.H. Smith Law, we specialize in helping truck accident victims in Florida. With offices in Plantation and Tampa, our experienced legal team is ready to stand by your side and combat the most common truck accident defenses.
1. The Driver Was Not Negligent
One of the most common defenses in truck accident cases is the claim that the truck driver was not negligent and therefore not responsible for the accident. The defense may argue that:
- The accident was caused by another driver on the road.
- Weather conditions or road hazards, such as potholes or debris, were the primary cause.
- The plaintiff’s own actions contributed to or caused the collision.
How Your Attorney Can Combat This Defense
A skilled attorney will gather and present evidence to prove the truck driver’s negligence. This may include:
- Police reports that detail the scene and circumstances of the accident.
- Witness statements from those who saw the accident occur.
- Surveillance footage from traffic or security cameras that captured the crash.
- Electronic logging device (ELD) data that tracks the driver’s hours and actions leading up to the accident.
At C.H. Smith Law, we leave no stone unturned in building a strong case that clearly demonstrates the truck driver’s negligence and liability.
2. The Plaintiff Was Partially or Fully At Fault
Another common defense is to shift blame onto the victim, arguing that they were either partially or fully responsible for the accident. Florida follows a comparative negligence rule, which means that your compensation can be reduced based on your percentage of fault.
For example, if you are found to be 30% at fault for the accident, your total compensation will be reduced by 30%.
How Your Attorney Can Combat This Defense
Your attorney will work to minimize or eliminate your percentage of fault by:
- Reconstructing the accident with the help of accident reconstruction experts to show exactly how the crash happened.
- Collecting black box data from the truck, which provides crucial information such as speed, braking, and steering.
- Highlighting violations of federal trucking regulations, such as Hours of Service (HOS) violations, which may have contributed to the accident.
- Cross-examining witnesses and challenging any biased or inaccurate statements made by the defense.
Our team at C.H. Smith Law understands how to navigate Florida’s comparative negligence laws to protect your right to full compensation.
3. The Trucking Company Is Not Liable
Trucking companies often try to distance themselves from liability by claiming that they are not responsible for the actions of the truck driver. They may argue that:
- The driver was an independent contractor and not an employee of the company.
- The driver was acting outside the scope of their employment at the time of the accident.
- The truck was properly maintained and any mechanical failure was unforeseeable.
How Your Attorney Can Combat This Defense
Your attorney will thoroughly investigate the relationship between the driver and the trucking company. This may involve:
- Examining contracts between the driver and the trucking company to determine whether the driver was truly an independent contractor or an employee.
- Analyzing maintenance records to identify any negligence in vehicle upkeep.
- Reviewing dispatch records and trip logs to establish whether the driver was performing job-related duties at the time of the crash.
At C.H. Smith Law, we know how to hold trucking companies accountable for their drivers’ actions and ensure they don’t escape liability.
4. The Injuries Are Not as Severe as Claimed
Insurance companies and defense attorneys often attempt to downplay the severity of a victim’s injuries to reduce the amount of compensation. They may argue that:
- The injuries are pre-existing and were not caused by the accident.
- The plaintiff has exaggerated the extent of their injuries.
- The victim’s medical treatment was unnecessary or excessive.
How Your Attorney Can Combat This Defense
To counter these tactics, your attorney will provide compelling evidence of the severity and impact of your injuries, including:
- Medical records and reports from your healthcare providers detailing your diagnosis, treatment, and prognosis.
- Testimony from medical experts who can explain the connection between the accident and your injuries.
- Photographs of injuries and documentation of the physical and emotional toll the accident has taken on your life.
- Employment records showing how the injuries have affected your ability to work and earn income.
Our attorneys at C.H. Smith Law will ensure that the full extent of your injuries is accurately presented and properly valued.
5. The Plaintiff Failed to Mitigate Damages
In Florida, accident victims have a legal obligation to mitigate their damages—meaning they must take reasonable steps to minimize their losses after an accident. The defense may argue that you failed to:
- Seek timely medical treatment, which worsened your injuries.
- Follow your doctor’s recommendations for treatment or rehabilitation.
- Return to work or seek alternative employment when medically able.
How Your Attorney Can Combat This Defense
Your attorney will demonstrate that you took appropriate steps to mitigate your damages by:
- Providing evidence that you sought immediate and ongoing medical care for your injuries.
- Submitting medical records showing that you followed your treatment plan.
- Offering documentation of any efforts to return to work or engage in alternative employment if applicable.
At C.H. Smith Law, we work diligently to counter claims that you failed to mitigate your damages and protect your right to full compensation.
Why You Need an Experienced Truck Accident Attorney
Truck accident cases are complex, involving multiple parties, federal regulations, and aggressive defense tactics from trucking companies and their insurers. Attempting to handle a truck accident claim on your own can be overwhelming and may result in a settlement that doesn’t fully compensate you for your losses.
An experienced truck accident attorney can:
- Investigate the accident thoroughly and identify all liable parties.
- Gather and preserve evidence to build a strong case.
- Negotiate with insurance companies to secure a fair settlement.
- Take your case to trial if necessary to fight for the compensation you deserve.
At C.H. Smith Law, we have a proven track record of success in handling truck accident cases. Our dedicated legal team understands the tactics used by trucking companies and insurers and knows how to counter them effectively.
Don’t Settle for Less—Contact C.H. Smith Law Today
If you’ve been involved in a truck accident, don’t let trucking companies and their insurers minimize your claim. You deserve full and fair compensation for your injuries and losses. Let the experienced attorneys at C.H. Smith Law fight for your rights and hold the responsible parties accountable.
Contact Us Today for a Free Consultation
We have offices conveniently located in Plantation and Tampa, Florida, and we’re ready to assist you.
Plantation Location:
7805 S.W. 6th Court
Plantation, FL 33324
+1 (954) 228-9334
Tampa Location:
201 E. Kennedy Blvd, Suite 600
Tampa, FL 33602
+1 (813) 322-5335
Email Us: info@chsmithlaw.com
Don’t settle for less—contact C.H. Smith Law today and let us help you secure the compensation you deserve.
