What are the common defenses used in truck accident cases?
When it comes to truck accidents in California, there are a number of common defenses that are used. One of the most common defenses is an assertion of comparative negligence. In a comparative negligence defense, the defendant argues that the plaintiff is partly or wholly to blame for their own injuries since they did not use reasonable care while they were operating the truck. Another common defense involves an assertion that a third party is responsible for the accident, such as a mechanic who failed to properly maintain the truck or a road crew that failed to fix a hazardous road hazard. In addition, a truck driver or the trucking company might assert that the accident was a result of an act of God, such as a flash flood or a freak windstorm. Finally, truck drivers or the trucking company may also claim that the accident was the fault of the other driver or another person who was involved in the accident. They may argue that the other driver was acting negligently or that the other person was irresponsible or violated traffic laws or regulations. It is important to remember that all of these defenses can be effective in a truck accident case, but they must be properly argued in order to be successful. An experienced attorney can help a plaintiff understand their legal options and build a strong case for their case.
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