If you have recently been involved in a truck accident in Washington, you probably want to proceed with a truck accident lawsuit. However, you need to be aware of the common defense strategies trucking companies may use to try to shift the blame when you are proving liability.
If you have been injured in a truck accident, it is essential that you hire a truck accident attorney in Washington who can help you pursue a truck accident lawsuit settlement. At Henderson Taylor Law Firm, our team of truck accident attorneys has handled hundreds of truck accident cases across Washington and can help you file a strong commercial truck accident lawsuit so that you get the compensation you deserve.
Keep reading to find out what role a lawyer will play when it comes to counteracting common trucking company defenses.
Common Trucking Company Defenses
If you have been the victim of a truck accident in Washington and have filed an auto and truck accident lawsuit, you may run into some common challenges. Trucking companies may use different defense strategies to shift the blame when you are trying to prove liability, which can result in you not being able to get the settlement you are entitled to.
Because of the challenges associated with truck accident lawsuits, it is strongly recommended that you hire a truck accident attorney to represent you. They will have experience with truck accident cases and can help you counteract any defenses the trucking company or insurance company uses.
Here are some common defense strategies you and your attorney may have to fight.
Lack of Evidence
One of the most common defenses trucking companies may use in a truck accident lawsuit is challenging the evidence you have presented in your claim. To be able to receive a big truck accident settlement, you have to be able to prove that the other party was liable for the accident in some way. When it comes to truck accidents, the responsible parties could include the trucking company, cargo loaders, truck drivers, etc.
Negligence could mean that the trucking company failed to train the driver, did not maintain the truck, or encouraged drivers to drive recklessly. Your attorney can help you gather this type of evidence by accessing things like maintenance and inspection records, black box data, insurance and medical records, and police reports.
You or Another Party is Liable
Another strategy the trucking company may use is to try to put the blame on you or another party for the accident. For instance, if there is any proof that you were speeding or driving distractedly, you may be found to be partially negligent, which would result in a smaller settlement. Or the trucking company may try to shift the blame to another vehicle that was struck during the collision.
To prevent this from happening, you and your truck accident lawyer will need to find strong documentation that proves that the truck driver or trucking company was liable. Things like witness testimonies, dash cam footage, and police reports can help to establish that you are not the one responsible for the accident and that fault fell on the trucking company or driver.
Insufficient Injuries
Even if the trucking company admits fault and doesn’t try to counteract your liability claims, it may still fight you when it comes to your injuries. The extent of your injuries will often predict how large of a settlement you are entitled to, which is why the trucking company may try to challenge your evidence.
It may use the defense that you had prior injuries that were not caused by the accident or that they aren’t as severe as you are saying they are. To counteract this, you need to provide extensive documentation regarding your injuries, such as doctor’s notes, medical bills, and medical exam reports. You should also avoid speaking with the trucking company’s attorneys or insurance companies, as anything you say could be used against you later on.
How a Lawyer Can Help in a Semi-Truck Accident Lawsuit
When you are filing a truck accident lawsuit in Washington, it is essential that you hire a lawyer to represent you in your claim. Your lawyer will handle all communication with the other parties, ensuring you do not say anything incriminating or accidentally agree to a smaller settlement amount. Not only does this protect your right to receive a fair settlement, but it also takes the weight off of your shoulders during this process.
A truck accident attorney can also simplify the process of providing evidence to support your lawsuit by helping you find hard-to-locate documentation. This includes getting information from healthcare professionals and accessing logs and black box data from trucking companies.
Having an attorney help you create your case is especially important if you are seriously injured and currently in recovery.
How Long Does a Truck Accident Lawsuit Take?
There is no specific timeline to expect when you are preparing to file your auto and truck accident lawsuit as this could range anywhere between six months to two years, depending on the extent of the accident and whether or not the trucking company is fighting your claim.
Having the assistance of a truck accident attorney can significantly reduce this time by creating a substantial lawsuit from the start. The stronger your claim is, the less room the trucking company has for different defense tactics, which can result in you getting a settlement much faster.
Hire an Experienced Truck Accident Attorney at Henderson Taylor Law Firm
Being involved in a truck accident in Washington can have a devastating impact on your life, especially if you sustain serious injuries. In this type of situation, you have every right to pursue a truck accident lawsuit to receive economic and non-economic damages from the involved parties.
At Henderson Taylor Law Firm, our truck accident lawyers are committed to defending the downtrodden and helping victims of truck accidents get the compensation they are entitled to. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
