When a trucking accident lawyer reviews a case, there are bound to be some questions that will come up. These three concerns, however, are ones that will be addressed in every case.
What Was the Most Proximate Cause?
One of the first defenses drivers and their companies will reach for is that their actions were not the most proximate cause of what happened. A trucking accident attorney, on the other hand, will try to draw as straight a line as possible between those actions and the injuries that occurred. On the defense side of things, this means examining what the weather conditions were at the time and whether the case might be pinned on a different driver who was on the road at the same time. For the plaintiff's trucking accident lawyer, efforts will be spent trying to discover whether the driver was sleepy or intoxicated or if the vehicle was poorly maintained.
Were There Issues with the Driver of the Struck Vehicle?
In many states, the standard of proof in an injury proceeding requires that a side has to demonstrate that their version of what happened is more likely the truth than not. This is essentially a 51% standard of evidence that's quite a bit different than the idea of proving a criminal case "beyond a shadow of a doubt."
One way defendants often try to present their version of events is to raise questions about the victim. For example, a motorist might have taken medication the day an accident occurred.
Remember that mixed blame is common in accident cases. An at-fault driver might be found 70% responsible, and that means they only pay 70% of what they would have if they had been found completely responsible. For a trucking company, that difference, even in a losing case, may still be worth millions.
Are Any of the Injuries Due to Pre-Existing Conditions?
Standard defenses, you might notice, are about pointing blame in a different direction. In this sort of argument, the defendant isn't contesting that they were at fault for the incident itself. Instead, they're arguing that the plaintiff had a pre-existing medical condition. For example, they might say that a neck or brain injury was due to the time the plaintiff spent playing sports. When you meet with a trucking accident attorney, it's a good idea to get your medical records in order so you can beat back these kinds of claims.
For more information, contact a law firm like St Martin & Bourque LLC.