You are the one who was hurt and you are the one seeking damages in a truck crash case. Therefore, you are the one who has to prove that the trucker, the trucking company, or another party was legally responsible for your accident. The trucking company, and any other defendant(s) in your case, are going to fight back to keep you from establishing liability and proving that they are at fault. That’s where our Kentucky truck accident lawyer can come in and make sure you don’t get taken advantage of.
Some Defenses the Trucking Company May Try to Use in Your Truck Crash Case in Kentucky
While every case is unique, the trucking company or any other defendant in your case may defend itself in a truck crash case in Kentucky by arguing that:
- You were responsible for the accident. According to Kentucky comparative negligence laws, your recovery will be reduced by the percentage of fault attributable to you.
- Someone other than you or the named defendant was responsible for the crash. The trucking company could argue, for example, that a mechanic was responsible for the crash and that, therefore, your truck crash case should be against the mechanic rather than the trucking company.
- You have not tried to mitigate your damages. The defendant may argue that you did not seek timely medical care or that you did not go back to work when you were physically able to do so and that, therefore, the defendant should not be responsible for paying all of the damages you claim.
- The statute of limitations has run and you can no longer pursue damages. In most cases, you have one year from the date you were hurt to file a truck crash case in Kentucky. If you try to file a lawsuit after this deadline passes, the defendant will file a motion to dismiss with the court which will be granted and you will not recover any damages.
Of course, in some situations, additional defenses may be raised. And whether these defenses are brought up, or others not mentioned above, our experienced Kentucky truck accident lawyer has seen and heard every defense in the book and will fight tirelessly to make sure you are fairly compensated.
Our Kentucky Truck Accident Lawyer Will Anticipate These Defenses to Protect Your Recovery
An experienced Kentucky truck accident lawyer can help you anticipate all of the possible defenses to a truck accident case and make sure that all of your rights are protected. Once you are represented by our attorney, we will handle all conversations and negotiations with the insurance company, the trucking company, and any other defendant. This will prevent you from saying anything that could potentially hurt your claim and help the defense.
To learn more about getting the truck accident injury recovery you deserve, please call us or reach out to us via this website at any time—24/7/365—to schedule a free, no-obligation consultation with our qualified and well-versed Kentucky truck accident lawyer.