What are the most common defense strategies in truck accident cases?
In California, the most common defense strategies used in truck accident cases are related to the negligence of either party. One strategy is to assert that the accident victim was partly or entirely responsible for the accident. For example, the defense may claim that the victim was not paying attention to the road, or that they had violated a traffic law. Another common strategy is to assert that the trucking company or truck driver was not negligent in any way. The defense may argue that the truck driver acted in accordance with the law and was following all applicable regulations. Lastly, the defense may claim that the accident was caused by a third party, such as another driver, or a malfunctioning vehicle. In any case, it is important to remember that regardless of the defense strategy used, the burden of proof is on the plaintiff. The plaintiff must provide evidence that the truck driver or the trucking company was at fault in order to receive a settlement or compensation for their injury. The evidence may include witness testimony, photographs, or medical records. It is also important to remember that if the plaintiff’s case is successful, the settlement or compensation amount will depend on the severity of the injuries suffered as well as the amount of fault assigned to each party.
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