What are the common defenses used in truck accident cases?

In North Carolina, some of the most common defenses used in truck accident cases are comparative negligence, contributory negligence, and assumption of risk. Comparative negligence is a doctrine that attempts to assign a percentage of blame to both the plaintiff and the defendant based on the evidence. Contributory negligence is a doctrine that seeks to bar a plaintiff from recovering damages if it is found that the plaintiff was partially at fault for the accident. Lastly, the defense of assumption of risk looks at whether the plaintiff should have known that the activity they engaged in was risky. For example, if a truck driver was going over the speed limit and a passenger car driver failed to yield the right of way, the truck driver could argue comparative negligence, arguing that the passenger car driver should have been aware of the risk of the speed and yielded. On the other hand, the passenger car driver could argue contributory negligence to argue that because the truck driver was going over the speed limit, they are partially at fault for the accident. Lastly, the defense of assumption of risk could be used if the passenger car driver consciously chose to engage in the activity, knowing the risks associated with it. Overall, truck accident cases can be complex, and the common defenses used vary depending on the situation. It is important to have an experienced North Carolina truck accident lawyer to evaluate your case and help you determine which defenses may be applicable.

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What are the common defenses used in truck accident cases?

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