Skip to content
Common Defenses Trucking Companies Use in Philadelphia Truck Accident Cases
When a truck accident happens in Philadelphia, victims often face a tough fight against large trucking companies and their insurers. These companies have teams of lawyers ready to protect their bottom line. They use a variety of strategies to avoid paying fair compensation. If you or a loved one has been involved in a truck crash, you need to understand the defenses you’ll likely encounter. This knowledge helps you and your Philadelphia truck accident lawyer prepare a strong case and get the compensation you deserve.
Table of Contents
Claiming Comparative Negligence
One of the most common strategies trucking companies use is blaming the victim. Pennsylvania follows a comparative negligence rule, which lets a jury reduce your damages if you’re found partially at fault. If you’re more than 50 percent at fault, you can’t recover anything. Trucking defense lawyers may argue that you were speeding, distracted, or failed to yield. They might claim you weren’t wearing a seat belt or didn’t follow road signs.
These arguments are designed to reduce the amount the company has to pay. Let’s say a truck ran a red light, but you were changing lanes without signaling. The defense will focus on your actions to shift as much blame as possible. Your truck accident attorney in Philadelphia will work to show the truck driver’s actions were the real cause of the crash.
Because these cases are complex, you need someone who understands how courts in Philadelphia handle comparative negligence. Your lawyer will gather evidence, interview witnesses, and hire experts to counter these arguments. The sooner you call a Philadelphia personal injury lawyer, the better your case will be.
Disputing the Extent of Your Injuries
Trucking companies often challenge the severity of your injuries. They might say your pain isn’t as bad as you claim or that your injuries were pre-existing. Their goal is to pay less by questioning your medical records and treatment.
For instance, if you injured your back years before the crash, they’ll argue that the accident didn’t cause your current problems. They may hire doctors to review your files and testify against you. They’ll look for gaps in your treatment or reasons to say you’re exaggerating.
It’s important to follow your doctor’s advice and document everything related to your injury. Keeping records of all doctor visits, prescriptions, and missed work can help your case. Your truck accident lawyer will help prove the truck accident caused your injuries and that your pain is real.
Arguing There Was No Violation of Safety Rules
Federal and state laws require trucking companies to follow strict safety rules. These rules cover driver hours, truck maintenance, cargo loading, and alcohol or drug use. If a company or driver broke these rules, it’s strong evidence of negligence.
Defense lawyers often argue they followed all the rules. They may claim their driver didn’t go over hours, that the truck passed inspections, and cargo was secured. They’ll present records to show compliance, but sometimes these records are inaccurate or even falsified.
A good truck injury lawyer knows how to spot problems in logbooks and maintenance reports. Your legal team may uncover hidden violations by hiring accident reconstruction experts or reviewing black box data. This kind of investigation is key in holding the company responsible.
Shifting Blame to Third Parties
Sometimes, trucking companies try to shift blame to someone else. They may argue another driver caused the crash, or that a mechanic, cargo loader, or parts manufacturer is responsible. This defense can make the case more confusing and delay your compensation.
For example, if a tire blows out and causes a wreck, the company might blame the tire maker or a repair shop. If cargo shifts and the truck tips over, they might point to the company that loaded the trailer. These defenses don’t mean you can’t recover, but they do make the case more complicated.
Your truck accident attorney will work to identify all responsible parties and keep the focus on the trucking company’s role. Sometimes, you can recover from more than one party, but your lawyer’s job is to make sure no one dodges responsibility.
Arguing That You Didn’t Suffer a “Serious Injury”
Pennsylvania insurance law allows some people to choose limited tort insurance. If you have limited tort, you usually can’t recover money for pain and suffering unless you can prove you suffered a “serious injury.” Trucking companies latch onto this rule. They’ll argue your injuries don’t meet the legal definition of serious.
What counts as a serious injury? It usually means a permanent impairment, a serious disfigurement, or death. But insurance companies often interpret this rule narrowly. They may claim a broken bone or concussion isn’t serious enough, even if you’re in pain or can’t work.
An experienced truck accident attorney knows how to document your injuries and argue they meet the standard. Your lawyer will work with your doctors to show the true impact on your life and push back against these defenses.
Frequently Asked Questions About Truck Accident Defenses in Philadelphia
What if the trucking company blames me for the accident?
If the trucking company says you caused the accident, don’t panic. Your Philadelphia truck accident lawyer will collect evidence like accident reports, witness statements, and camera footage to show what really happened. Pennsylvania’s comparative negligence law allows you to recover damages as long as you’re not more at fault than the truck driver.
How do trucking companies try to limit my compensation for injuries?
Companies often claim your injuries aren’t as serious as you say or that they existed before the crash. They may request your past medical records to find any pre-existing conditions. Your truck injury attorneys will work with your doctors to link your injuries directly to the accident and show how your life has changed.
Can I still win my case if the trucking company says they followed all safety rules?
Yes. Even if a trucking company claims full compliance, your truck accident attorney can investigate for hidden violations, errors, or reckless actions. Many accidents happen despite safety claims, especially if the rules weren’t actually followed.
What happens if multiple parties are blamed for the truck accident?
When a trucking company tries to shift blame to another party, your Philadelphia personal injury lawyer will investigate every angle. You may be able to seek compensation from all responsible parties. Your legal team will help identify everyone involved and make sure you get the maximum recovery.
Other Resources About The Legal Process & Evidence in Truck Accident Claims
- Step-by-Step: How a Truck Accident Claim Works in Philadelphia
- Litigation Timeline for Philadelphia Truck Accidents
- Dealing with Insurance Adjusters After a Truck Crash in Philadelphia
- Common Defenses Trucking Companies Use in Philadelphia Truck Accident Cases
- Role of Accident Reconstruction Experts in Philadelphia
- How Police Reports Impact Philadelphia Truck Accident Cases
- Subpoenaing Driver Logs and Maintenance Records After a Philadelphia Truck Accident
- How to Obtain Trucking Company Records After a Philadelphia Crash
- Importance of the Truck’s Black Box in Philadelphia
- What Evidence Is Crucial After a Philadelphia Truck Accident?
From our Clients
