What are the common defenses used in truck accident cases?

In truck accident cases in South Carolina, there are several common defenses that may be used by parties in the lawsuit. These defenses may vary depending on the specific facts of the case. The first common defense is called “comparative fault,” or “contributory negligence.” Under this defense, the defendant may try to show that the plaintiff was partially at fault for the accident. For example, they may argue that the plaintiff was not paying attention while driving, or that the plaintiff was speeding or driving recklessly. Another defense is “assumption of the risk.” This is when the defendant can show that the plaintiff was aware of the risk of an accident and chose to take that risk anyway. An example of this could be a truck driver who was aware of poor road conditions but chose to drive anyway. The defense of “superseding cause” may also be used, which is when the defendant argues that the accident was caused by another party or factor that was outside the control of the defendant. An example of this could be a defective road or weather conditions that caused an accident. Finally, a common defense is “statutory immunity.” This is when a defendant argues that they are immune from liability under a particular state law. For example, in some states, truck drivers have immunity from liability if the accident was due to the driver following a required route or schedule. Overall, the common defenses used in truck accident cases in South Carolina depend upon the facts of the particular case. However, these defenses can all provide potential avenues for a defendant to avoid liability in a truck accident case.

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