Common Defense Strategies in Commercial Truck Claims
June 24, 2021
After filing a personal injury claim related to a Texas truck accident, the insurance company and the trucking company will likely try and defend themselves against your claim. They will do whatever it takes to disprove any evidence of liability to avoid having to accept responsibility for the accident. This can make the process much more difficult for victims and their loved ones who are pursuing the claim.
Dealing with the aftermath of a serious truck accident can be challenging enough without having to manage legal matters at the same time, but it is important to be prepared for the possible defense strategies that trucking companies and insurance companies use when facing a claim.
The Victim Has Insufficient Evidence of Liability
One of the most commonly used defense strategies is the idea that the victim who is pursuing the claim does not have enough substantial evidence to support their position. Regardless of how the accident occurred, the burden of proof is always going to rest on the individual who is pursuing the claim against the insurance or trucking company.
When collecting evidence for a truck accident claim, it can be beneficial to partner with a legal professional who can help you gain access to important data that could be relevant to the case. Information such as traffic camera footage or police reports can be difficult to obtain, but an experienced truck accident lawyer can help.
The Victim Was Partially at Fault for the Accident
Another common method of defense that insurance companies and trucking companies use is to cast blame on the victim for the accident. They may try to pursue a defense tactic that insists on your negligence as the driver or state that you were driving in a way that disregarded traffic laws. Both of these defense strategies require proof from the defendant.
If you, as the victim or the person representing the victim, have access to proof that can refute the evidence presented by the insurance or trucking company, this can be a useful tool to strengthen your story. Witness testimony, medical documents, and police reports can be used as significant evidence to support your side of a truck accident claim.
The Victim Wants Compensation for a Pre-Existing Injury
When an insurance or trucking company states that a victim is pursuing damages for injuries that existed before the accident, it can be difficult to find concrete evidence to support your side of the story.
It is easier to supply proof of a new injury than to bring evidence showing that the injury did not exist before the crash. This is one of the reasons that seeing a medical professional after you have been involved in an accident is so essential. Having official documentation that can prove your injuries are newly sustained can be a powerful way to provide evidence regarding your injuries during a truck accident claim.