What You Need to Know About Truck Accident Defenses

Truck accident defendants raise defenses for one purpose. They want to prevent you from proving your case. That way, they won’t have to pay you damages. Accordingly, your experienced truck accident lawyer will anticipate likely defenses to protect your recovery.

How Truck Accident Defenses Work

Before you receive compensation for your truck accident injuries, you need to prove that:

  • The defendant owed you a duty of care.
  • The defendant breached the duty of care by failing to act like a reasonable person (or company) would act given the circumstances
  • You were hurt because of the defendant’s actions or inactions that breached the duty of care
  • You can legally recover damages in a Wisconsin lawsuit

A defendant will raise a defense to prevent you from proving one or more of these essential elements of your case. For example, a truck crash defendant may argue that:

  • You, or someone else, caused the crash. Therefore, the defendant did not breach the duty of care.
  • You didn’t get medical care or follow medical advice. Therefore, you weren’t hurt because of the defendant’s actions. Instead, you were hurt because you didn’t get the medical care that you needed.
  • You waited too long to file a lawsuit. If the Wisconsin personal injury statute of limitations expired, then you no longer have the right to recover damages in a lawsuit.
  • You don’t have evidence to prove one or more elements of your case. Therefore, you can’t prove the defendant’s negligence.

While the burden of proof is not on the defendant, the defendant may present evidence to the court, such as witness testimony, social media posts, medical records, or other evidence to convince the court that you should not recover damages.

Ready to Protect Your Truck Crash Recovery?

Call us or contact us through this website any time—24/7/365. Our experienced Wisconsin truck accident lawyers are here to fight for your fair and just recovery. We’ve been helping personal injury victims for more than 50 years, and so far, we’ve recovered more than $1 billion on their behalf. Now, let’s talk about how we may be able to help you.

Jason F. Abraham
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Managing Partner, Hupy and Abraham