In a typical car accident case, if the other driver was negligent in causing your injuries, your attorney will file a claim against his or her insurance company. There are other possibilities – such as when a vehicle defect contributes to the accident – but in most cases auto accident claims are resolved through a settlement or litigation with the negligent driver’s insurer.

Truck accidents are different. In a truck accident case, while you may have a claim against the driver, you will also generally have a claim against his or her employer (the trucking company), as well as potentially a number of other businesses. Along with the lawyers working for their insurance companies, these companies often have their own commercial lawyers who will be fighting vigorously to ensure that you receive as little compensation as possible.

Fighting For Compensation in Commercial Truck Accidents

With all of this as background, if you have been injured in a truck accident, you can start to see why it is so essential for you to have experienced legal representation on your side. You are most likely facing a fight with a team of attorneys who have the opposite of your best interests in mind. These lawyers get paid to protect the companies they work for, and there is usually little they won’t do in order to carry out their duties. Without an experienced attorney representing you, it simply isn’t going to be a fair fight.

Common Defenses to Truck Accident Claims

In auto accident litigation, as the victim, you bear the burden of proving that you are entitled to financial compensation. In court, this requires establishing that it is more likely than not that the trucking company or other business you have sued is responsible for your injuries and losses. To try to prevent you from meeting this “burden of proof,” the companies’ defense lawyers may try to argue that:

• You don’t have the evidence to prove that they are financially responsible
• Someone else is financially responsible
• You are responsible for your own injuries
• You could have avoided the collision, but failed to do so
• You waited too long to file your claim

Winning Compensation for Truck Accident Injuries

If the evidence is on your side, you may be able to obtain a favorable settlement. While the trucking company’s lawyers will put up a good fight, they also generally know when to throw in the towel. Defending a truck accident claim isn’t cheap, and if they know they are fighting a losing battle, they may be willing to settle in order to cut their losses.

But, if a settlement offer isn’t on the table, your lawyer will need to take your case to trial. This requires not only a thorough knowledge of the facts of your case and applicable law, but an in-depth understanding of trial procedures and courtroom strategy as well. With a team of lawyers on the other side of the aisle, you need a lawyer on your side who knows what it takes to win.

Powell, Powell & Powell, P.A. | Fort Walton Car Accident Lawyers

If you have been injured in a car accident involving a commercial truck, we want to help you fight for just compensation. Powell, Powell & Powell, P.A. has over 50 years of experience taking on trucking companies and their insurers. To speak with an attorney about your case, please call (850) 682-2757 or contact us online today.