Anticipating Truck Accident Defenses

You can’t always know what a truck accident defendant is thinking or what defenses they may raise. Truck accident defense attorneys will analyze all of the evidence in your case to develop a defense strategy based on the unique facts of your case.

For more than 50 years, our experienced personal injury lawyers have helped accident victims recover damages. Part of our job is anticipating, evaluating, and responding to the defenses raised by defendants.

Truck Accident Defenses to Watch For

As we prepare your case, we will watch for and respond to possible truck accident defenses such as:

  • Contributory negligence. The defendant may argue that you were also at fault for the truck crash. If the defendant can prove that you were more than 50% at fault for the wreck, then you can’t recover damages. If the defendant proves that you were less than 50% at fault for the crash, then your compensation will be reduced by the percentage of fault attributed to you.
  • You named the wrong defendant. Many different parties may cause a truck crash, including but not limited to truckers, trucking companies, shippers, cargo handlers, and maintenance workers. You have to prove that the defendant you named was negligent.
  • You aren’t as hurt as you claim. A truck accident defendant may argue that you are exaggerating your injuries.
  • You are hurt, but not because of the truck wreck. The truck accident defendant may acknowledge that you suffer certain injuries but may argue that the truck crash did not cause those injuries.
  • The Illinois Statute of Limitations has expired. In most cases, you have two years to file a truck crash lawsuit in Illinois. If you file a case after the statute of limitations expires, then the defendant can ask the court to dismiss the case without you recovering any compensation.

Whether it is one of these five defenses or another defense, our lawyers are ready to help you prove your case and get the fair compensation that you deserve.

Call a Truck Accident Lawyer Today

Our Illinois truck accident attorneys offer free consultations and a Win or It’s Free Guarantee. Insurance companies know that we mean business and are often willing to negotiate with us. If they refuse, then we won’t hesitate to go to trial to get you compensation for your past and future medical costs, lost income, out-of-pocket expenses, pain and suffering. Call us today to make sure that your rights are protected.

Jason F. Abraham
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Managing Partner, Hupy and Abraham