Wreck Involving a Semi-Truck and a Small Car

The trucking company, or its insurer, does not want to pay you fair damages for your truck accident injuries. Accordingly, you should expect the trucking company to defend itself if you file a truck accident lawsuit.

Possible Truck Accident Defenses

Every truck crash is unique. Therefore, the potential defenses the trucking company raises will depend on the exact facts of your case. While not all defenses apply to every situation, common defenses include:

  • It wasn’t our fault. The trucking company may argue that it shouldn’t pay your damages because you were primarily responsible for the accident. Alternatively, the trucking company may argue that someone else, such as a shipper, truck maintenance person, or another driver in a multicar crash, caused the accident.
  • You didn’t mitigate your damages. If you fail to get medical care or don’t follow the medical treatment plan provided to you, then the trucking company may claim that you are responsible for your accident injuries worsening.
  • You waited too long to file a lawsuit. The Iowa Statute of Limitations gives you two years to file a truck accident lawsuit unless an exception applies in your case. If you miss this deadline and the trucking company raises this defense to the court, then the court can dismiss your case and you won’t recover damages.
  • You don’t have the evidence to prove your case. The trucking company may claim that you are exaggerating your injuries and that you do not have the evidence necessary to prove how badly you were hurt.

The trucking company may also raise other defenses in your case.

A Defense Isn’t Always the End of a Truck Crash Case

Just because the trucking company raises a defense does not mean that the trucking company’s defense will be successful. Our Iowa truck accident lawyers are here to help you. Over the past half-century, our Midwest law firm has helped tens of thousands of people recover more than $1 billion in legal compensation. We know what defenses to anticipate, what evidence to gather, and how to present your case convincingly. Call us or reach out to us through this website today to learn more.

Jason F. Abraham
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Managing Partner, Hupy and Abraham