What are the common defenses used in truck accident cases?

In Florida, when a truck accident has occurred, there are several common defenses used by trucking companies and their insurers in order to reduce or even eliminate the liability of the driver or trucking company. These defenses are based on the negligence, negligence per se, contributory negligence, assumption of risk and comparative negligence of the parties involved, as well as the breach of duty of care of each party in the accident. Negligence is when a truck driver or company failed to meet the basic standards of care that a reasonable person should have provided in similar circumstances. Negligence per se is when a law, regulation or safety standards has been broken and is used as evidence of negligence. Contributory negligence is when the victim of an accident also contributed to the accident in some way. Assumption of risk is where the victim willingly accepted the risks associated with the activity. And comparative negligence is when both parties involved in the accident are found to be at fault in some way. In order to successfully plead these defenses, the truck driver or the trucking company’s counsel must be able to show that the highway or weather conditions were improper, that the truck driver was not exercising due care over their personnel and vehicles, or that the victim was comparatively negligent in some way. If the defense is successful and the truck accident lawsuit is denied, it can result in a reduction or total elimination of the liability of the truck driver and/or trucking company.

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What are the common defenses used in truck accident cases?

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