If you have been in a truck accident and you file a claim, you have the burden to present evidence and prove the liability of the other party. However, the defendant will have attorneys to also provide evidence that their client wasn’t liable for your injuries or to minimize the portion of fault placed on them. That is why you need to work with an experienced truck accident lawyer to prove your case. Also, knowing the common arguments trucking companies assert will help you better prepare for the possible court battle. These arguments include the following:
Asserting You Contributed to the Accident
Nevada’s comparative negligence law lets you recover damages in a car accident. However, you should not be more than 50% at fault for the accident. Otherwise, you can be completely barred from recovering any damages. Trucking companies will try to argue that you contributed to the accident to reduce your compensation or avoid paying for your injuries.
Reducing Your Compensation Based on the Statute of Limitations
If you have sustained injuries in a car crash, you need to file your claim within a certain period. In Nevada, you have two years to file a claim from the date of the crash. This timeframe may be long enough to file a claim; however, it can get a little complicated when your injuries are not discovered immediately. The trucking company may argue that the statute of limitations must be calculated based on the accident date and not the date when your medical condition was discovered.
Arguing that You Did Not Mitigate Your Damages
As a truck accident victim and plaintiff in an injury case, you need to keep your losses to a minimum. Your duty to mitigate damages means that you need to seek medical attention and have your injuries treated promptly to make sure your condition does not deteriorate, so the trucking company doesn’t pay more than they should have otherwise paid. You will lose your entitlement to compensation if you let your injuries worsen by not getting immediate treatment. The trucking company may claim that you did not mitigate your damages to deny your claim.
Claiming that You Were Intoxicated When the Accident Occurred
Trucking companies will argue that you are more at fault than the truck driver if you have been found to have alcohol in your system. Although your intoxication did not cause the accident, the attorneys of the trucking company will try to argue that alcohol was a factor.