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Ways to defend your insurance company in a truck accident case

On Behalf of | Sep 17, 2021 | Insurance Law |

A truck accident claim can be enormously costly. A plaintiff’s incurred and anticipated medical expenses and lost wages, as well as his or her pain and suffering, can all quickly accumulate, putting an insurance company like yours at risk of being subjected to a large claim.

But when it comes to a vicarious liability lawsuit, like those faced by truck companies when their truckers are involved in an accident, there may be some strong defense options at your disposal. Here are just a few of them:

  • Frolic and detour: Depending on the facts at hand, you might be able to argue that the trucker who caused the wreck should be held solely responsible because he or she was operating outside the scope of his or her employment at the time of the accident. This could include running a personal errand or taking an unapproved route. You also might be able to shift liability if the trucker was drunk or distracted at the time of the wreck.
  • Third-party liability: In many truck accident cases, there’s another party that is at least partially to blame for the accident. Make sure that you’re fully assessing the circumstances surrounding the accident so that you can loop in every party that should be a part of the case.
  • Comparative negligence: You absolutely have to look at the actions of the plaintiff to determine if he or she is at least partially at fault for the accident. If he or she is found to be comparatively negligent, then the ultimate judgement could be significantly reduced.

Competently building your defense

To build a successful defense, you need to have evidence and strong legal arguments on your side. This may mean consulting with experts who can speak to causation and damages, and it could mean utilizing the trial rules and the rules of evidence to your advantage. This is why it’s oftentimes wise for insurance companies like yours to work with an experienced law firm that knows how to fight for an outcome that is just and fair.

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