If you are involved in a big rig accident, you may have sustained serious injuries. As a result, you may be considering filing a personal injury claim to help you recoup money for your past, current, and future medical expenses, as well as lost wages. But in order to win a personal injury claim, you must be able to show that the big rig or the driver was at fault for the accident. In order to mitigate their damages, defense lawyers will try to use defenses to show the big rig was not at fault for the accident. Here are a few of the common defenses used.
You Were At Fault for the Accident
One of the defenses that are used by a big rig's insurance company following an accident is to attempt to show that you were at fault or had some fault in the accident. This may involve trying to argue that you were breaking traffic laws, driving aggressively, or were driving distracted. In many cases, the attorneys will rely on the police report and accident recreationists to determine who was at fault in the accident.
An Unidentified Driver Was At Fault for the Accident
Another defense that is commonly used by a big rig's insurance company is to argue that another, possibly unidentified driver, was at fault for the accident. If someone cuts off a big rig, the big rig may be unable to stop in time or may need to swerve unexpectedly. This is not the fault of the big rig driver, but rather the fault of the driver who cut the big rig off. Unfortunately, in some cases, the driver may not stop and no one knows who the driver is. Most insurance companies rely on witnesses to corroborate this type of story.
You Were Not Injured in the Big Rig Accident
The last defense that is commonly used by a big rig's insurance company is that you were not truly injured in the big rig accident. They may argue your injuries were pre-existing or you are faking injuries. If you were not injured in the crash, you have no basis for a personal injury claim. Medical reports and documentation can help you to prove that you were injured and help stop the use of this defense.
The big rig driver's insurance company is responsible for mitigating their damages following an accident. One of the best ways to mitigate their damages is to use defenses that show you may have had a fault in the accident, to show the big rig driver was not at fault or to prove you were not injured in a big rig accident. A trucking accident lawyer will work to show the big rig caused the accident and that you were injured, helping you to win your case.Share