You are the one who was hurt and you are the one seeking damages. 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.
Some Defenses the Trucking Company May Try
While every case is unique, the trucking company or any other defendant in your case may defend itself 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 claim 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 accident injury 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.
Anticipate Trucking Company Defenses to Protect Your Recovery
An experienced truck accident injury lawyer can help you anticipate all of the possible defenses to a truck accident claim and make sure that all of your rights are protected. Once you are represented by an attorney, your lawyer 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 experienced legal team.