Common Trucking Company Defense Tactics

If you need to seek justice against a trucking company for causing your truck accident in Colorado, do not expect it to give in easily or immediately offer you the amount you need for significant injuries. Trucking companies always put themselves first. Familiarize yourself with common trucking company defense tactics so you know how to protect your rights.

Denying Liability

A common tactic used by trucking companies to avoid liability (financial responsibility) for accidents is to place the blame on someone else. The company may argue that it is not responsible because the truck driver was an independent contractor and not an employee, for example, or that external factors were to blame rather than its driver or its own mistakes.

If a trucking company is questioning the cause of the accident, you may need a truck accident attorney in Denver to help you prove negligence, meaning the company’s failure to act with proper care. Strong proof and compelling evidence against the trucking company or one of its workers can force the company to take accountability.

Comparative Negligence

In Colorado, the liable party in a truck accident case is the one responsible for causing the wreck. Under the state’s “at-fault” insurance law, all injured victims have the right to seek financial compensation from the individual or entity at fault for the crash. However, the victim must prove liability using evidence.

A trucking company may attempt to reduce a victim’s payout with the comparative negligence defense. This defense argues that the victim contributed to the truck accident. In Colorado, if a plaintiff is declared to be 50 percent or more at fault, he or she will not recover any financial compensation. With less than 50 percent fault, financial compensation awarded will be reduced by an equivalent amount.

Pre-Existing Injuries

If your medical records show that you have a pre-existing injury or medical condition, the trucking company may try to fault your condition for the extent of your damages and losses. The company may argue that your condition is the primary cause of your losses to reduce its liability.

Lack of Evidence

In a truck accident case, the plaintiff or injured victim has the burden of proof. It is the victim’s responsibility to prove the claim being made based on a preponderance of the evidence. The trucking company may try to escape liability by arguing “insufficient evidence.” You can counter this argument by providing additional proof to demonstrate fault and the extent of your injuries and losses.

Expired Statute of Limitations

In Colorado, a law known as the statute of limitations gives you no more than two years from the date of your truck accident to file a personal injury lawsuit. If you miss your deadline, you will most likely lose the right to file a claim. 

If a trucking company claims an expired statute of limitations to avoid liability, however, your lawyer may be able to show that you qualified for an exception, such as a longer deadline from a delayed discovery of your injuries.

Why You Need a Truck Accident Lawyer

A truck accident claim in Colorado can come with numerous challenges, including multiple legal defenses that may be raised by the trucking company. Put yourself in the best possible position to win by hiring an experienced truck accident attorney to combat these defenses for you. Schedule a free consultation to discuss your specific case when you contact Fang Accident Lawyers.