What are the most common defense strategies used in truck accident cases?

In California, the most common defense strategies used in truck accident cases are contributory negligence, comparative negligence, and the sudden emergency rule. Contributory negligence involves proving that the truck driver was not the only one responsible for the accident. This defense is used to prove that another party shared some of the fault. For example, if the driver of the other vehicle involved was texting while driving, the truck driver’s lawyer may argue that the other driver shares some of the responsibility for the accident. Comparative negligence is a defense that is based on the concept of assigning a certain percentage of responsibility to each party involved. This defense acknowledges that both parties were negligent and shifts the burden of responsibility from one party to the other. Finally, the sudden emergency rule is used when it can be proven that the truck driver had no time to respond to an unexpected event or hazard. This defense is based on the idea that any reasonable and safe person would have reacted the same way in the same situation. Overall, these defense strategies are used to shift the focus from the truck driver to other factors that may have contributed to the accident. Lawyers often use these defenses to prove that the victim was partially responsible for the accident or that the truck driver had no time to react. However, it is important to note that the exact nature of the defense used will depend on the specifics of each case.

What are the most common defense strategies used in truck accident cases?

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