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"Photo of Victor C. Mitchener and Joseph H. Downer"

Victor C. Mitchener, Attorney

Joseph H. Downer, Attorney

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How truck companies defend themselves from personal injury claims

On Behalf of | May 28, 2021 | Personal Injury

If you’ve been injured in a truck accident, then the best way to recover your losses is to file a lawsuit against both the negligent trucker who caused the accident and his or her employer. But suing a truck company can be a difficult endeavor. Aggressive attorneys who know the ins and outs of personal injury and vicarious liability claims often represent these companies, and they fight tooth and nail to protect their clients. Don’t let that daunt you. Instead, be prepared with a strong strategy that maximizes your chances of succeeding on your claim.

Know how truck companies defend themselves

An important step to take during the development of your personal injury claim is anticipating the defense’s arguments. By doing so, you can create counter arguments that diminish the impact of the defense’s case and protect your claim. So let’s look at some ways that truck companies try to defend themselves against personal injury claims.

  • Contributory negligence: As we’ve discussed previously on the blog, North Carolina recognizes contributory negligence. Therefore, truck companies often try to shift the blame back onto the plaintiff so that their claim will be denied altogether.
  • Blaming a third party: Another common tactic used by truck companies is blaming a third party that isn’t a part of the case. Again, if the truck company can successfully shift the blame, then you’ll be left without a judgment and you might have to pursue another legal claim against that third party if you hope to recover compensation.
  • Frolic and detour: Another often-used strategy is arguing frolic and detour. Essentially, this argument seeks to show that the negligent trucker who caused the accident was operating beyond the bounds of his employment when the wreck occurred. A truck company might try to show that the trucker was texting and driving, intoxicated, or running a personal errand when the wreck occurred.

Build your case with confidence

We know that it can be tough to focus on a personal injury claim, especially while you’re still trying to cope with the physical, emotional, and financial realities of your situation. But you don’t have to face these matters alone. If you’ve been hurt in a truck accident, then consider discussing your case with a personal injury attorney who will know how to build the strong case that you need to position yourself for success.