What are common defenses that could be raised in my truck accident case?

The Scene of a Collision With a Truck and Passenger VehicleIn Virginia, the trucker and trucking company that caused you to suffer injuries in a truck accident are responsible for compensating you for your medical bills, lost wages, and pain and suffering. However, you have the burden of proving their negligence in order to hold them accountable. To be successful when filing your claim, you must know how to prove their negligence.

Top Defenses That May Be Raised in a Truck Collision Case

It is important to anticipate the defenses that the insurance company for the trucker and trucking company will bring up so that you can collect the evidence and arguments that you need to refute them. You will need the assistance of an experienced truck accident attorney in order to determine which ones may be used given your particular circumstances. However, here are some common defenses in these cases:

  • Contributory negligence. A common tactic that the insurance adjuster may employ is to claim that you were partially or completely at fault in causing your accident. Virginia is one of a few states that follow the contributory negligence doctrine. Under this rule, a victim of a truck accident who is at all at fault in causing the crash is barred from receiving any compensation. However, just because the insurance company says this is true does not make it so, and your lawyer may have strategies to defeat this argument.
  • Another driver. If another vehicle was involved in your wreck, the insurance company may try to point the finger at its driver, claiming that he, and not their driver, was to blame. If this is an issue, your attorney may decide to file an additional claim with this individual’s insurance company and let the companies fight it out.
  • Statute of limitations. If you are unable to settle your claim, you must file your lawsuit against the trucker and trucking company within the statute of limitations, or time period, for doing so or you waive your right to damages. In Virginia, you have two years from the date of the accident to file a complaint for your injuries and five years from that date to sue for property damages. If you let the statute of limitations expire, you should expect the insurance company to raise this as a defense.
  • Mitigation of damages. You have a duty to mitigate your damages, which means that you must take reasonable actions to try to reduce them. The insurance company could claim that you failed to mitigate your damages if your medical condition worsened because you did not receive prompt medical care or because you did not follow your doctor’s instructions. They may also argue that you breached this duty by getting unnecessary medical treatments.

If you must file a claim for compensation following a truck accident in Norfolk, you need an experienced truck accident attorney who understands the unique laws and challenges in these cases. Our skilled and dedicated lawyers have decades of experience fighting for the rights of truck accident victims. To learn how we can assist you, call our office to schedule a free, no-obligation, consultation.