In the aftermath of a trucking accident, victims often face a daunting battle against large trucking companies and their insurers. These companies are equipped with experienced legal teams that work diligently to minimize their liability and financial exposure. A commercial vehicle accident law firm in Los Angeles says understanding these companies’ common defenses and how to counter them effectively is crucial for victims seeking justice and compensation.
Blaming The Victim
One of the most common defenses trucking companies use is to blame the victim for the accident. They may argue that the injured party was speeding, distracted, or otherwise negligent in their own driving, which contributed to or caused the collision. This defense is rooted in comparative negligence, where the victim’s compensation is reduced by their percentage of fault in the accident.
To counter this defense, attorneys present evidence demonstrating the truck driver’s negligence and the trucking company’s liability. This can include traffic camera footage, eyewitness testimony, and accident reconstruction reports. Additionally, the attorney may highlight the truck driver’s violations of traffic laws or regulations, such as speeding or failing to yield, to establish a stronger case that the truck driver, not the victim, was at fault.
Arguing The Driver Acted Independently
Trucking companies may also claim that the driver acted independently, thus absolving the company of liability. They might argue that the driver was not following company protocols or was engaged in personal activities at the time of the accident. This defense hinges on the idea that the company should not be responsible for actions taken outside the scope of employment.
To refute this claim, attorneys often demonstrate the existence of an employer-employee relationship and that the driver was acting within the scope of their employment during the accident. This can involve providing evidence of the driver’s work schedule, dispatch logs, and delivery tasks assigned by the company. Additionally, attorneys might explore the extent of control the company had over the driver’s actions, such as setting delivery routes and times, which can further establish the company’s liability.
Questioning The Severity Of Injuries
Another tactic is for trucking companies to question the severity or legitimacy of the victim’s injuries. They may argue that the injuries were pre-existing or exaggerate the accident’s impact to reduce the compensation amount. Insurers might also demand extensive medical examinations or present expert witnesses to cast doubt on the victim’s claims.
Attorneys counter this by compiling comprehensive medical records, expert medical testimony, and detailed documentation that correlates the injuries directly to the accident. They might enlist the help of medical professionals who can clearly explain how the injuries were sustained and their impact on the victim’s life. By presenting a well-documented account of the injuries and their consequences, attorneys can effectively challenge the trucking company’s assertions.
Disputing The Cause Of The Accident
Trucking companies might also dispute the cause of the accident by suggesting that external factors, such as weather conditions or road hazards, were primarily responsible. They may attempt to shift the blame away from the truck driver and onto these uncontrollable elements.
To counter this defense, attorneys work to establish a direct link between the truck driver’s actions and the accident. This involves gathering evidence like weather reports, maintenance records of the truck, and expert analyses that demonstrate how the driver’s actions were the primary cause of the collision. By showing that other factors were either insignificant or exacerbated by the driver’s negligence, attorneys can strengthen the case for liability.
Misrepresenting The Truck’s Maintenance And Condition
Finally, trucking companies may misrepresent the truck’s maintenance and overall condition, claiming that the vehicle was in good working order and that any mechanical failure was unforeseeable. They might present falsified maintenance records or argue that the truck passed all necessary inspections.
Attorneys counter this by conducting thorough investigations into the truck’s maintenance history. They can subpoena maintenance logs, inspection reports, and even testimonies from mechanics who worked on the truck. By identifying lapses in maintenance or compliance with safety standards, attorneys can demonstrate the company’s negligence in maintaining a safe vehicle.
Conclusion
The commercial vehicle accident law firm in Los Angeles believes trucking accident cases can be complex, with companies using a variety of defenses to shield themselves from liability. By understanding these common defenses and employing strategic legal counterarguments, attorneys can effectively advocate for victims and help them secure the compensation they deserve. This process requires meticulous preparation, evidence gathering, and a deep understanding of the intricacies of legal principles and trucking industry regulations.
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