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Strategies for your truck accident defense

On Behalf of | Apr 28, 2023 | Trucking Accident Defense

Truck accidents in Kentucky can be costly for your business. The injuries involved in truck accidents can be catastrophic, due to the large size of trucks.

There are things you can do to reduce the chance that your truck drivers are involved in a trucking accident. Hiring qualified drivers, providing proper initial and ongoing training and making sure equipment is properly maintained can lessen the chances of an accident.

No matter what steps you take, there may come a time when one of your drivers is involved in an accident and you find yourself facing a personal injury claim. It is important to know how to defend yourself in this situation.

The legal concept of negligence

Personal injury actions are based on negligence. Trucking companies have a duty to make sure their drivers are driving safely, and when they fail in this duty and it directly causes an accident that harms another driver, this could be considered negligence.

The injured driver will ask for a certain amount of money in damages. They must prove the damage was caused by the negligence of you or your driver and have evidence to back up the number they are asking for.

Kentucky negligence law

Kentucky follows a “pure comparative negligence” standard in personal injury cases. This means a court assigns a percentage of fault to each person involved in the accident and apportions damages based on that.

For example, if the injured driver asks for $100,000 in damages, but the court determines the accident was 50% their fault, they will only receive $50,000.

Therefore, your defensive strategy must involve arguing who was at fault. Sometimes, the injured driver’s actions were the main cause of the accident. While under Kentucky law, this would not fully absolve you of all liability, proving a percentage of the fault was theirs would reduce the amount you must pay.

Other parties who may be negligent

In addition to the injured driver, other parties who may be at fault include the municipality in which the accident took place for not properly maintaining the roads. You could also argue that your truck driver was at fault for something out of your control, such as speeding.

Proving percentages of fault is extremely complex. A personal injury attorney can evaluate your situation and help you create a strong defense against liability.