What are the common defenses used in truck accident cases?

When a truck driver is involved in a collision, the trucking company or the truck driver’s insurer may attempt to use certain defenses in order to avoid liability. In Tennessee, some of the most common defenses used in truck accident cases include: comparative negligence, contributory negligence, and assumption of the risk. Comparative negligence is a defense that allows a party to partially share in fault for an accident. This defense can be used in Tennessee as long as the plaintiff’s own negligence did not exceed the defendant’s. Contributory negligence is the other type of negligence defense commonly used in truck accident cases. If a party’s own negligence contributed to the cause of the accident, the claim may be barred. Another defense used in these types of cases is assumption of the risk. This means that a person knowingly accepts a risk associated with a certain act and, as such, cannot recover damages for injuries caused by that risk. For example, if a driver was aware of a hazardous condition on the roadway but chose to drive anyway, they may be barred from recovering damages. Finally, a truck driver or their employer may also try to argue that they were not negligent in causing the accident. If successful, they may avoid paying damages. If the court finds the truck driver’s actions were reasonable, the claim can be denied. Regardless of the defense used, if a victim wishes to pursue a claim against a truck driver or their employer, they must be able to prove the negligent conduct of the truck driver or their employer. That is why it is important to contact an experienced attorney who can help you navigate the complexities of truck accident law in Tennessee.

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What are the common defenses used in truck accident cases?

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