Are you prepared for these truck accident defenses?


Javier A. Finlay

10/6/20211 min read

red truck on road during daytime
red truck on road during daytime

A truck accident can quickly send your life into what feels like a tailspin. The physical and emotional toll can leave you struggling to see how you’re going to get through the aftermath of your wreck, and the lost wages and medical expenses that are probably involved can leave you with an uncertain future. Fortunately, you might be able to recover compensation for your injuries by pursuing a personal injury lawsuit against both the trucker who harmed you and his or her employer. But if you’re going to go toe-to-toe with a truck company, then you need to be prepared to face their defenses.

Common vicarious liability defenses that truck companies raise

Truck companies have a lot of defense options in a personal injury case, but just about all of them focus on shifting the blame to another party. For example, a truck company will likely argue that you’re comparatively negligent in the case, meaning that you’re partially at fault, which can lead to a reduced recovery.

Another commonly utilized defense is frolic, which is where a trucker strays outside the course of his or her employment, thereby causing the wreck in question. In other words, the truck company argues that it shouldn’t be held accountable because it was not endorsing or benefiting from the activities the trucker was undertaking when the accident occurred.

Other defense options are out there. Third-party liability and weather conditions, for example, could come up in your case. You need to be prepared to address each of these defense tactics.

Be prepared for your personal injury claim

The best legal claims are those that are well-thought out and fully prepared. That’s why anticipating the defense’s arguments can be critical to your case. If you don’t know how to do that or feel like that assessment is best left in the hands of someone else, then you might want to think about seeking out support as you proceed with your claim.