In the event of an accident involving a truck, it is common to find that trucking companies employ all measures to place the blame on the victim. The most widespread is the so-called shared fault when they state that the injured person is also responsible for the accident.
Such accusations may be intimidating, particularly when victims have already suffered injuries, lost money and are under stress. It is important to have a competent truck accident lawyer to counter such allegations and to safeguard your rights.
Concept of Shared Fault
Shared fault is a legal defense that tries to split the responsibility of an accident between two or more parties. It is frequently employed by trucking companies to reduce their liability by insinuating that the victim contributed to the accident.
This style of thinking is often blown out of proportion with a decreasing level of accountability. A good truck accident lawyer understands how to take on these allegations directly.
A lawyer can check the facts and decide whether the trucking company has any basis in their arguments or possible, it is just a tactic to evade responsibility. The first step to building an effective defense is understanding the concept. Victims of shared fault might unwittingly undermine their claims.
Gathering Facts to Re-Create the Accident
Evidence is the foundation of establishing fault in a truck accident. A truck accident lawyer will collect camera footage, photographs, skid mark analysis and other critical information at the crash scene. These artifacts assist in reconstruction of the accident to show how it happened. These reconstructions frequently demonstrate that the claims of shared fault made by the trucking company are not justified.
The quicker this evidence is gathered, the better the case. The situation on the scene of the accident can shift rapidly, and prompt intervention is crucial. Maintaining physical evidence assists attorneys in creating an accurate picture of what actually transpired. The lawyer breaks down arguments of shared blame by concentrating on objective evidence.
Analyzing the Actions of the Truck Driver
The behavior of the truck driver is one of the most crucial steps in combating the charges of shared fault. A truck accident lawyer will examine whether the driver was fatigued, distracted, or speeding during the accident. Any one of these can demonstrate that the victim was not the main cause of the accident, but the truck driver.
Moreover, the background and qualifications of the driver can show existing safety breaches or lack of adequate training. These results undermine the efforts of the trucking company to shift responsibility onto the victim. A lawyer makes the claim stronger by revealing negligence on the part of the driver and reducing the possibility of unfairly assigning fault. Investigation is essential to ensure that accountability is put directly where it is needed.
Difficulty In Challenging Biased Company Reports
After an accident, trucking companies usually generate their own internal reports, which are seldom neutral. They are designed to safeguard the interests of the company, often emphasizing alleged errors on the part of the victim. A truck accident attorney understands how to question these reports and how to reveal their bias.
This can be analyzed carefully to reveal inconsistencies and omissions. A lawyer can demonstrate that the reports are unreliable by comparing company-generated documents with independent evidence.
This strategy weakens the efforts of the trucking company to make its arguments sound as fact. Debunking such biased reports means that victims are not blamed unfairly.
Using Expert Witnesses to Refute Claims
The role of expert witnesses is instrumental in refuting claims of shared fault. Accident reconstruction investigators, doctors, and safety professionals can testify on the cause of the crash and its effect. These experts help a truck accident lawyer generate objective information that counters the narrative presented by the trucking company.
Their evidence can be very powerful as it is supported by professional knowledge instead of assumptions. As an example, a reconstruction expert might prove that the actions of the truck driver were the primary cause of the accident. The victim was injured in the crash, which can be directly connected by medical experts to the crash, and this further refutes shared fault arguments. These voices of authority assist in leveling the scales in the courtroom.
Preserving the Victims Statements and Testimony
Victims are coerced to give statements that can be later manipulated to prove shared fault allegations. A truck accident lawyer makes sure that the words of his client are presented and preserved with care. This will help trucking companies avoid twisting words to pass the buck.
Clear and consistent testimony boosts the credibility of the victim. The truck accident lawyer assists in training the client to avoid asking irrelevant questions. The attorney protects the client against damaging misinterpretations by controlling the manner and timing of statement. This preemptive strategy is critical in diffusing charges of fault commonality.
Highlighting Violations of Safety Regulations
Trucking firms must comply with stringent federal and state safety protocols. Violations of these rules reflect negligence that overwhelms the claims of shared fault. A truck accident attorney will enquire about the possibility of regulations being violated regarding driver hours, vehicle maintenance, or cargo loading.
In the event of violations detected, they serve as strong indicators of negligence on the part of the trucking firm. These results revert the emphasis to the question of company responsibility alleviating victim blame. The lawyer focuses on regulatory violations to hold the party at fault responsible. This approach can effectively undermine collective blame.
Revealing Delay Tactics by Trucking Companies
Trucking companies frequently attempt to stall, expecting evidence to dissipate and witnesses to be unavailable. Such strategies aim at complicating the defence of the victim against shared fault claims. An attorney by the road, an attorney representing trucks, knows these tricks and acts swiftly to oppose them.
The truck accident lawyer will conserve evidence, interview witnesses, and meet deadlines by taking swift action. This proactive strategy avoids giving the trucking company a delay benefit. Disclosing these tricks demonstrates to the court that the company is trying to rig the process. Fast response keeps the case on track and not on illusions.
Building a Powerful Story about the Victim
After all, winning the battle against shared fault claims necessitates having a strong narrative of what actually occurred. A truck accident lawyer creates a story that makes you (the victim) look innocent and the truck driver or company look careless. The evidence, expert testimony, and consistent statements support this story.
A robust storyline makes it more difficult for trucking firms to prove that the victim was responsible. It gives a clear, logical explanation that can be followed by judges and juries. The lawyer concentrates on the human aspect of the case, so the victim is better understood. Such a strategy is pivotal when contending with shared fault claims.
In conclusion, allegation of shared fault is another common tactic used by trucking companies to avoid responsibility, but it can be challenged. By hiring the services of a skilled truck accident lawyer, victims can fight against these tricks and achieve the justice that they are entitled to. If you are a victim and have been accused of contributing to a truck accident, don’t face these tactics alone—talk to a lawyer who cares.