Trucking companies are often assumed to be at fault by victims after the occurrence of an accident involving a truck. However, the trucking industry is a highly regulated one, and it’s often the case that the mistakes of noncommercial drivers lead to a collision that the truck driver involved could have done nothing to prevent.
Truck companies should take immediate action after a truck accident to establish possible routes of defense as soon as an accident has occurred. In the best case, it will be easy to show that the other driver made mistakes that caused the accident. In other situations, aggressive defense tactics can be implemented to scrutinize all evidence. The following are some of the most common defenses used by trucking companies.
Using evidence to prove plaintiff fault
It’s vital that trucking companies take advantage of all forms of evidence. Information obtained by devices in the truck, from speed records to cameras, could help you show that the plaintiff was at fault.
Show that the plaintiff is exaggerating
Plaintiffs often exaggerate their physical and emotional injuries with the intention of claiming additional damages. You should scrutinize all medical documents and question whether preexisting conditions could have been the cause.
Showing third party liability
In some cases, a third party may have been liable. For example, if the truck was well-maintained but faulty, liability may lie with the truck manufacturer.
Liability claims after a truck accident can be very expensive for trucking companies. Therefore, companies should ensure that they have sound accident investigation processes and that they fight aggressively to guarantee that fault is attributed accurately.