In Florida truck accident cases, trucking companies and their insurers may blame you, another party, or the circumstances as a defense to avoid paying your losses. With the help of a Jacksonville truck accident lawyer, you can tackle these defenses with defenses of your own.
Common Defense #1: You Contributed To The Truck Accident
Florida is typically a no-fault state when it comes to car and truck accidents. However, Florida’s no-fault insurance only covers around $10,000. If you wanted to bring a lawsuit against the driver or trucking company, your lawyer would have to demonstrate that the other party caused your accident through their own negligence.
Once your case enters litigation (after you pass the serious injury threshold), you will be subject to the comparative negligence rule. This means that if you contributed in any way to your accident, your final settlement or court award will be reduced by your percentage of fault. One easy way for the truck driver’s defense team to reduce their liability is to place all or part of the blame on you.
How To Fight This Defense
If the other party tries to pin more fault on you, you can dispute their claim with evidence like:
- Eyewitness statements
- Traffic and dash cam footage
- Transportation logs
- Accident analysis
- Expert testimony
Fighting this defense means putting the accident in context. They may try to oversimplify the circumstances to make you seem more negligent or leave out crucial information. Additional evidence can help illuminate all the factors that led to and resulted from your accident.
Most importantly, in Florida, even if you are deemed partly at-fault, you can still recover damages for the part of the crash that wasn’t your fault. For instance, if a jury decides you are 40 percent responsible and the truck driver is 60 percent responsible, you can pursue 60 percent of the damages. We will make sure you aren’t assigned an unfair percentage of the fault, even if you are partially to blame.
Common Defense #2: Someone Else Caused The Truck Accident
Like the previous defense, this common tactic used in Florida truck accident cases tries to shift blame to a third party, such as:
- Another driver
- An auto parts manufacturer
- A maintenance shop
- A tire manufacturer
- A government entity
For example, if the truck had a tire blowout, the driver or trucking company may try to blame the tire company for the accident, claiming they are not responsible for a defective tire.
How to Fight This Defense
Sometimes, more than one party isresponsible for a truck accident. That doesn’t mean that the trucking company or driver is not liable at all—they can share the liability. A court might rule that the trucking company, a third party, and you all share some responsibility.
However, evidence can show that the truck driver’s actions still played a role. Another driver or a product manufacturer’s failure to uphold their duty of care doesn’t mean that the truck driver or their employer didn’t also fail to uphold their duty.
In the case of a blown-out tire, it’s possible that the trucking company was aware that their vehicle needed tire replacements due to a recall and put it off for longer than they should have. This would implicate them in the accident.
Common Defense #3: The Truck Company Claims They Are Not Liable
A truck driver may have obviously acted negligently, but the trucking company may avoid sharing liability with them if:
- The driver was a contractor, not an employee
- The trucking company claims the driver caused the accident on their own time–not company time
While employees are typically covered by their company’s insurance, contractors are usually left on their own to cover any liability.
Even if the driver was an employee, the company may argue that the driver was on an errand, conducting personal business, or deviating from the route when the accident occurred. They can then claim that the driver wasn’t driving for them at the time, absolving them of liability.
How To Fight This Defense
In some cases, the trucking company can avoid liability this way. If so, you can still either pursue compensation through the driver’s private insurance or file a personal injury lawsuit against them.
Alternatively, evidence can illustrate that the trucking company was still negligent in some way. For instance, transportation logs can refute the claim that the driver was on a detour. Your lawyer can also demonstrate that the trucking company was negligent in training or hiring. We will uncover any evidence that demonstrates their share of the blame to the insurer, judge, or jury.
Common Defense #4: Road Conditions, Emergencies, Or Other Circumstances
Sometimes, a truck driver, company, or insurer may say no one’s responsible, claiming the accident was caused by:
- Weather events
- Debris or obstructions
- Sudden emergencies
For example, they might point to icy roads, a fallen tree, or a tire blowout.
How To Fight This Defense
As the Federal Motor Carrier Safety Administration (FMCSA) points out, large trucks like tractor-trailers need more stopping distance than passenger vehicles even in ideal conditions. In adverse weather and road conditions, truck drivers need even more distance to brake. Truck drivers should know about dangerous road, weather, and traffic conditions and behave accordingly.
Likewise, trucking companies are obligated to train their employees to drive safely in various conditions. That includes certain emergencies, like flat tires, snowy roads, or debris.
Failure by either party to behave reasonably can count as negligence. For instance, just because it was raining at the time of your accident doesn’t excuse a truck driver for failing to leave enough stopping distance.
Get Personalized Help With The Defenses In Your Truck Accident Case
If you were hurt by a truck driver, your case might pit you against a trained team of trucking company representatives, insurance adjusters, and attorneys. Get a team of legal advocates on your side. The Law Offices of Anidjar & Levine can devise a personalized strategy for tackling any defenses used in your Florida truck accident case. Call our office today for more!
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