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How to Defend Yourself in a Truck Accident Case 

 March 28, 2022

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Truck accidents often cause catastrophic damages and injuries. When a truck accident happens, however, it’s not always the fault of the truck driver. A truck driver being sued for an accident does have some defenses they can use to avoid paying a significant amount of compensation in an accident they did not cause. Some of the ways to defend against this type of case include the following. 

Seek Legal Assistance First

Truck drivers being sued for an accident will want to seek legal assistance as soon as possible to defend against the claim. A truck accident lawyer can review the case carefully, help find evidence showing the driver didn’t cause the accident, and help make sure deadlines are met to avoid losing the case automatically. With the right help, the truck driver may be able to avoid paying compensation to anyone injured in the accident, passing on the liability to whoever did cause it to happen. 

Employer At Fault

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Truck drivers are often employed instead of self-employed, which means they must meet the scheduling demands set by the employer. Unfortunately, this can lead to accidents if a driver is forced to drive for too many hours without sufficient breaks. There are laws and regulations regarding the maximum amount of time drivers can be on the road, but employers don’t always follow them. When they’re not followed due to the request of the employer, it may be the employer who is liable instead of the driver. 

The Other Driver’s Fault

A truck driver may not be liable because the accident was caused by another driver. If a car was driving recklessly and caused the accident, the driver of the car would be liable, not the truck driver. Many drivers underestimate how long it takes for a truck to stop. If a driver of a car switches lanes and hits their brakes, it’s possible the truck will not stop in time, despite the best efforts of the truck driver. For accidents like these, it is the car driver who would be liable, not the truck driver. 

Negligent Maintenance

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Maintenance is a requirement for trucks and should be done regularly to make sure they’re safe for the road. However, there are times when this doesn’t happen. If an employer skips maintenance tasks to get the truck on the road faster or the maintenance company doesn’t do their job correctly, the result could be a truck that is driving but shouldn’t be on the road. If an accident happens as a result, the employer or the maintenance company could be held liable for the accident. 

Poor Road Conditions

Truck drivers must make it to their destination on time, so this can mean driving in adverse weather conditions or going down roads that are not in good repair. No matter how careful the truck driver is in these situations, accidents can happen. When a truck driver is in an accident because of poor road conditions, someone else may be liable for the accident. If a truck is in an accident due to potholes or other damage to the road, for instance, the government entity in charge of road repairs may be liable for the accident. 

Truck drivers may end up in accidents that are not their fault and will need to defend against the claim. Working with a lawyer is always a good idea, as a lawyer can help the driver determine which defense to use. 

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