Since the trucking industry is so highly regulated, it’s fairly uncommon for a truck driver or truck company to be to blame for the occurrence of an accident. However, many individuals who have been involved in an accident with a truck do try to pursue personal injury claims in the hope that they will gain back damages.
There are several ways that trucking companies can defend themselves and their drivers against being held to blame for causing an accident. The following are some of the most common forms of defense.
Showing that the plaintiff was to blame
The best way to defend yourself is to actively show that the plaintiff was in fact at fault for causing the accident. You may be able to show that they were speeding, engaging in distracted driving or driving within the blind spots of the truck.
Argue that the plaintiff is exaggerating their claim
Even if a truck is responsible for the causation of an accident, the damages being claimed may be exaggerated. You may be able to argue that no actual damages were sustained as a result of the accident.
Showing there was an external or third party cause
Sometimes an external factor such as extreme weather or ice could be the cause of an accident. Additionally, a third party driver could have taken an action that caused the accident to occur without becoming involved in the collision.
Truck collisions can result in huge financial, physical and emotional damages. But this does not necessarily mean that the collision was caused by the truck driver or trucking company. This is why trucking companies should defend themselves if a claim is made against them.