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Anticipating challenges in your truck accident case

On Behalf of | Nov 8, 2023 | Trucking Accidents

Those seriously injured in a truck accident usually face insurmountable medical expenses. Unless you are more than 50% responsible for the accident, you are probably entitled to financial compensation for your injuries.

Unfortunately, getting what you deserve is not always a simple matter of entitlement, as trucking company insurers typically defend against paying claims. Below are some common defenses they use, but you can overcome them with the help of a legal representative.

Blaming a third party

Sometimes, trucking companies try to shift the fault for a crash to another party who may or may not have contributed to the accident. For example, the insurance company may blame another driver or a manufacturer of a defective auto part.

A third party may indeed share some responsibility for the crash and your injuries. However, that does not absolve the trucking company of their part in causing the accident. Your representative can help you establish the company’s share of fault for your accident.

Comparative negligence defense

With this strategy, the trucking company or its insurer may assert that you are the one who caused the crash or contributed to it the most. As Tennessee is a modified comparative negligence state, this defense could reduce your compensation significantly based on your degree of fault if successful.

As mentioned above, if you are found to be 50% or more responsible for an accident in Tennessee, you probably will not receive any compensation. If the trucking company tries to blame the crash on you, consult an experienced legal representative to protect your injury award.

Learning more about state accident and injury laws can help you find more ways to maximize your truck accident compensation.