What are the typical arguments used in trucking accident cases?
One of the more common defenses in a trucking accident case is that the driver of the passenger vehicle caused the accident. Because of their enormous size and slow maneuverability, large trucks have significant limitations when it comes to responding quickly to the action(s) of another motorist. Consequently, if the passenger car does any of the following, the fact of the action will be used to defend the truck driver:
• Driving left of center into opposing traffic
• Unsafe passing
• Driving under the influence of drugs or alcohol
• Failing to stop for a stop sign or light
• Following too closely
• Driving over the speed limit
• Driving inattentively
• Driving in "no zones" (needs to be linked to question below)
• Improperly merging in front of a truck
If the trucking company is sued under a legal concept known as “respondent superior” (the company is liable by virtue of its employment of the driver), the company will frequently argue that it was not an employer of the trucker, but instead that the trucker was an independent contractor. If the driver was an employee, the trucking company may try to show that the accident occurred while the driver was not acting within the scope of his job duties – for example, that he was using the truck for personal reasons. If successful in this defense, the injured party would still be able to proceed against the truck driver and his insurer.
Many times trucking, hauling and leasing companies argue among themselves on the issue of whose insurance is going to compensate the victim. The trucking, hauling and leasing company may try to show that the accident was caused by the other party. For example, the truck company might claim that the accident was caused by a defect in the brakes. The brake company would come back and point the finger at the leasing company, claiming that the leasing company failed to maintain the brakes in good working order. A defendant in a lawsuit will usually do whatever is possible to try to shift liability from itself to another party. |
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