Truck accidents are terrible for your financial health. First of all, the victims need to pay for their medical bills, which are almost always huge. Secondly, they have to be at the hospital and miss work, and thus, do not get paid. And even if you know that it was the trucking company’s fault, it is not easy to get them to pay you compensation.
When smaller passenger vehicles get into a collision with a big truck, it can cause injuries, death, and a lot of property damage. It costs a high amount to pay for everything, but the insurance company will try everything in their power to not pay you at all or pay less than they should. That is why you should hire a Las Vegas truck accident lawyer and prepare for any defense the opposing party may throw at you.
Common defenses in a truck accident claim
- Blaming the truck driver.
Truck accident cases involve vicarious liability. If you were injured in a car accident case, you can hold the other driver responsible and ask for compensation. If you were hit by a truck, you can hold the truck company liable for causing the damages. However, the trucking company sometimes tries to blame the driver, saying that they were performing a duty outside of the scope of their employment.
- Minimizing your injuries.
After a truck accident case, use your social media very cautiously. The truck company can use your posts to argue that you do not suffer as many injuries as you claim. Visit your nearest hospital immediately after your accident and keep a record of the injuries sustained and the medical bills.
- Comparative negligence.
Many truck drivers use the concept of comparative negligence. According to the law, if you contributed more than 50% to the accident, you will not be eligible to receive any compensation. However, if you contributed less than 50% to the accident, you can get some compensation to recover your losses.
- Pre-existing injuries or medical conditions.
If you had any pre-existing injuries or medical conditions before the accident occurred, the at-fault party or their insurance company could argue that your injuries were partially or largely a result of your medical condition.
A professional truck accident attorney can help you gather evidence from your treatment records or medical history to counter the arguments.
- Using your own words against you.
Do not allow the insurance providers to record your statement, as they can misuse the information and lower the amount of compensation you deserve for your injuries or damages suffered. Avoid dealing with the insurance company on your own. Seek help from an experienced and qualified truck accident attorney.