Truck Driver Accident Defense and Fault

A truck accident report states that semi trucks accidents account for three percent of all traffic accidents on the roads of the United States today. Truck accidents are also responsible for 5,000 deaths and 130,000 injuries each year. Trucks are 40 times heavier than smaller passenger cars, meaning that a truck car accident will cause more damage to the car then to the truck. If a truck driver accident has occurred, contact a truck accident attorney immediately for expert legal advice regarding your case. The attorney will help build a case in defense of you, the driver, by using comparative fault or assumption of the risk.

Comparative Fault

According to the law regarding negligence, the defendant in a truck crash case can avoid liability by proving that the plaintiff in the case had some form of contributory negligence. Contributory negligence is when the conduct of the plaintiff falls below a certain standard that is necessary for the plaintiff’s protection. The defendant’s attorney will also need to prove that this contributory negligence coincides with the negligence of the defendant, which caused harm to the plaintiff. Some states across the country have edited this law to bar plaintiff’s from receiving compensation is the plaintiff is as much at fault or more at fault than the defendant.

Assumption of the Risk

Another defense used by truck driver attorneys is assumption of the risk. This defense, if argued properly, can prevent plaintiffs from obtaining compensation for the accident. This defense claims that the plaintiff has assumed the risk involved in a specific activity but has decided to perform in the activity anyway. For this defense to work properly the plaintiff must have subjective knowledge of the risk and must have voluntarily accepted the risk involved in the activity. On the other hand of this argument, the plaintiff does not accept the risk of an item in their activity falling apart. For example, if they are riding in a car and the wheels fall off after a repair session. The driver of the car had no idea that this would happen.

Obtaining Legal Help

Truck drivers and trucking companies can seek help from a truck accident attorney if they have been involved in a truck accident. The attorney will perform an in depth investigation into the accident to acquire all of the evidence needed to defend the driver or the trucking company. The attorney will then represent the driver or the company in court when the lawsuit hits litigation.