What Your Missouri Truck Accident Lawyer Wants You to Know About Defenses That May Be Raised in Your Case
After a Missouri truck accident, understanding the various defense strategies employed by trucking companies and their insurers is crucial. These strategies often aim to minimize their liability, impacting the compensation you, as a victim, might receive. The skilled Missouri truck accident lawyers at Foster Wallace, LLC can help guide you through the various defense strategies used in lawsuits so you are prepared to counter them effectively to bolster your legal claim.
Common Defense Strategies Used in Truck Accident Lawsuits
When facing a lawsuit following a truck accident, defendants and their legal teams often employ various defense strategies to minimize liability or avoid compensation payouts. Understanding these common defense tactics is essential for you and your lawyer to counter them effectively. Here are some typical defense strategies used in truck accident lawsuits:
Blame Shifting
A common defense used by defendants involved in a truck accident case is to shift blame onto the plaintiff or other third parties, arguing that their negligence or actions contributed to the accident. This could involve asserting comparative negligence, where they shift the blame on your conduct as allegedly having played a significant role in causing the accident.
Denial of Liability
Defendants might outright deny liability for the accident, claiming that they did not breach any duty of care owed to the plaintiff or that the accident was unavoidable due to unforeseeable circumstances.
Challenging Causation
Defense teams may challenge the evidence linking the defendant's actions or negligence to the accident and resulting injuries. This could involve questioning the extent of damages claimed or disputing the medical evidence presented.
Questioning Damages
Defendants may seek to minimize the amount of compensation awarded by disputing the extent of your injuries, the necessity of medical treatment received, or the impact of the accident on the plaintiff's life and livelihood.
Questioning the Severity of Injuries
Defendants may argue that the injuries sustained are not as severe as claimed or were preexisting conditions. Medical records, expert medical testimonies, and documentation of the impact of injuries on daily life are crucial in disproving such defenses.
Undermining the Credibility of Witnesses
Defense lawyers may attempt to discredit witnesses by questioning their reliability or perspective. Careful selection of credible witnesses and preparation for cross-examinations can uphold the integrity of witness testimonies.
The "Act of God" Defense
In some cases, defendants may claim the accident was due to natural and unavoidable events, termed "Acts of God," like severe weather, and not their own negligence.
Types of Compensation Available in a Truck Accident Lawsuit
Understanding common defense strategies and being prepared to address them is crucial for you and your lawyer to build a strong case and pursue fair compensation in a truck accident lawsuit. By anticipating and effectively countering these defenses, you can increase your chances of achieving a favorable outcome.
After a Missouri truck accident, you may be entitled to various types of compensation to help alleviate the financial burdens incurred due to the accident. The following are the common forms of compensation available in truck accident lawsuits:
Medical Expenses
You could recover compensation for past, current, and future medical bills related to injuries sustained in the truck accident. This includes hospitalization, surgeries, medication, rehabilitation, and ongoing medical treatment.
Lost Wages
Reimbursement for wages lost due to missed work caused by the accident, including time spent recovering from injuries, attending medical appointments, or undergoing therapy. Additionally, compensation may be awarded for the loss of future earnings if the injuries result in long-term disability or inability to work.
Pain and Suffering
Compensation for physical pain, emotional distress, and mental anguish resulting from the truck accident and associated injuries. This includes compensation for both the physical discomfort experienced and the emotional trauma endured by the victim.
Property Damages
Reimbursement may cover damage to your personal possessions, vehicles, or other property that sustained harm or was rendered inoperable due to the collision. This includes costs associated with repairing or replacing the damaged items and restoring you to the condition you were in before the unfortunate incident.
Deadlines for Taking Legal Action
You must not delay initiating legal action against a reckless truck driver or a negligent trucking company, even if they bear direct responsibility for your injuries. Trucking companies might use technical defenses like claiming the lawsuit was filed too late and was beyond the statute of limitations.
Ensuring timely and adequately filed legal action is essential. Working with a skilled truck accident lawyer can help ensure your claim is filed within the required timeframe. In Missouri, the following time limits apply:
- You have five years to bring forth a lawsuit related to a car or truck accident.
- You have five years to file a personal injury lawsuit.
- You have five years to file a lawsuit for property damage.
While you are afforded a five-year window to file a complaint, it's wise to take prompt action. The trucking company prepares for potential legal proceedings early on, and the longer they have to strategize, the more challenging it becomes for you to contest them in court.
Why Hire a Missouri Truck Accident Lawyer
Truck accident cases often involve complex laws and regulations specific to the trucking industry. Hiring a Missouri truck accident attorney ensures you have access to legal professionals with specialized experience in handling these types of cases. A skilled lawyer will anticipate possible defenses used by the opposing side so they are prepared to represent you and fight for your rights.
Hiring a Missouri personal injury attorney promptly after an accident allows them to gather evidence and construct a compelling case. Your lawyer can gather crucial evidence, such as driver logs, black box data, and maintenance records, to build a strong case on your behalf.
Insurance companies representing trucking companies are known for employing aggressive tactics to minimize payouts. An experienced attorney will handle all communications with insurance adjusters and negotiate on your behalf to secure a fair settlement. There’s also your peace of mind to consider – dealing with the aftermath of a truck accident can be overwhelming. Hiring a reputable Missouri truck accident lawyer lets you focus on your recovery while knowing your legal rights are being protected and pursued diligently.
