Common Defenses Trucking Companies Use And How to Counter Them

When involved in a truck accident and facing the legal aftermath, understanding common defenses used by trucking companies is crucial. These companies often employ tactics to minimize liability, such as claiming driver error or vehicle maintenance issues.

Choosing the right attorney after a trucking accident is an important legal step. Only the right attorney can anticipate and counter these defenses, building a strong case to secure fair compensation for victims. With the right attorney, victims can navigate complex laws and regulations to achieve a successful outcome. 

1. Driver Error Defense 

Trucking companies may argue that the accident was caused solely by the actions of another driver, shifting the blame away from their driver. They might claim that the other driver was speeding, tailgating, or driving recklessly. 

Counter: To counter this defense, it’s essential to gather evidence from the accident scene, including witness statements, video footage, and police reports, to analyze it and reconstruct the accident to demonstrate the truck driver’s role in the collision. 

2. Vehicle Maintenance Defense 

Trucking companies may claim that the vehicle was properly maintained and that an unforeseen mechanical failure caused the accident. They may argue that they had regular maintenance checks and inspections and the car was in good working condition. 

Counter: To counter this defense, it’s crucial to investigate the trucking company’s maintenance records and inspect the vehicle for any signs of neglect or inadequate maintenance.   

3. Comparative Negligence Defense 

Trucking companies may argue that the victim was partially or entirely responsible for the accident. They might claim that the victim was speeding, driving distracted, or failing to follow traffic laws. 

Counter: To counter this defense, it’s essential to gather evidence that demonstrates the truck driver’s negligence or recklessness, analyze the evidence, and argue that the victim’s actions, if any, did not contribute significantly to the accident. 

4. Federal Regulations Compliance Defense 

Trucking companies might claim that they complied with federal regulations, such as hours of service, weight limits, and vehicle inspections. They may argue that compliance with rules proves they were not negligent. 

Counter: To counter this defense, it’s crucial to investigate whether the trucking company was indeed complying with federal regulations.  

5. Lack of Causation Defense 

Trucking companies may argue that the victim’s injuries or damages were not directly caused by the accident. They might claim that the victim had pre-existing conditions or that another event caused the injuries. 

Counter: To counter this defense, it’s essential to gather medical evidence and testimony from treating physicians.  

6. Vicarious Liability Defense 

Trucking companies might argue that the driver was not an employee or was acting outside the scope of their employment. They may claim that the driver was an independent contractor or was on a personal detour. 

Counter: To counter this defense, it’s crucial to investigate the driver’s employment status and the trucking company’s policies.  

7. Statute of Limitations Defense 

Trucking companies might argue that the statute of limitations bars the victim’s claim. They may claim that the victim waited too long to file the lawsuit. 

Counter: To counter this defense, it’s essential to ensure that the lawsuit is filed within the applicable statute of limitations.  

Takeaway  

Trucking companies and their insurance providers often employ various defenses to minimize or avoid liability. By understanding these common defenses and how to counter them, victims of truck accidents can better navigate the complex legal process and seek fair compensation for their injuries and damages.