What are the most common defense strategies used in truck accident cases?
In Florida, there are several common defense strategies used in truck accident cases. The most significant of these is the “comparative negligence” defense. Under this defense, the defendant (usually the driver or trucking company) will attempt to show that the plaintiff (usually the driver of the other vehicle involved in the accident) was also at any level of fault for the accident. This defense is often used to try to reduce the amount of money that the defendants will have to pay out in damages to cover the plaintiff’s medical expenses, lost wages, and other costs. Another common defense used in truck accident cases is “contributory negligence.” Under this defense, the defendant will try to argue that the plaintiff was mostly at fault for the accident. This can also be used to reduce the amount of damages the defendant must pay out. “Assumption of risk” is another common defense used in truck accident cases. This defense will attempt to show that the plaintiff assumed the risks related to their actions and knew the potential risks of getting into a truck accident. Finally, some defendants may try to argue that they are not liable for any damages because they were not at fault for the accident. This is typically known as the “No Fault” defense. This defense is often used when the defendant can show that, due to the weather, road conditions, or other factors, they were not able to avoid the accident.
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