More often than not, truck accidents leave devastation in their wake. While this certainly means extensive property damage, it also means serious injuries. Those who have been harmed in a truck accident often struggle to find a way to recover from their injuries while also maintaining financial stability. That’s why it’s important for these individuals to know how to successfully pursue a personal injury claim against a negligent trucker and his or her employer. Part of developing a winning strategy is anticipating and preparing to counter defense arguments.
There are a lot of defense tactics that truck companies utilize in personal injury cases. One of the most common is arguing frolic and detour. Here, the truck company claims that it shouldn’t be held liable for its employee’s actions because the trucker who caused the accident was doing something that was outside the scope of his or her employment when the accident occurred. This could be taking an unauthorized route, running a personal errand, or engaging in drunk driving or distracted driving.
Another defense that is commonly utilized by truck companies is contributory negligence. North Carolina is one of only a handful of states that still recognize this theory of law, which acts as a bar to recovery when a plaintiff is found to be partially at fault for the accident in question. Therefore, before pursuing your case, you need to be prepared to defend your driving actions.
There are a lot of moving parts in a personal injury lawsuit, and you need to be prepared to effectively address each of them if you hope to succeed on your claim. That’s why it’s imperative that you know the law and how to build compelling arguments that position you strongly going into settlement negotiations and trial. If you’d like to learn more about what you can do to build your case, then we encourage you to continue researching this area of the law.