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Be prepared to counter truck accident defense arguments

On Behalf of | Oct 14, 2020 | Truck Accidents

A truck accident can leave you with debilitating injuries that are painful and costly to treat. The pain and suffering you feel following one of these wrecks, in conjunction with your financial losses, can be totally overwhelming. Fortunately, that feeling may be relatively short-lived if you are able to successfully pursue a personal injury lawsuit. In the truck accident context, this may include a vicarious liability claim against a truck company. However, before you can reach into the large pool of resources afforded by a successful claim against a truck company, you’ll need to be prepared to thwart any defense arguments.

Common defenses to vicarious liability

There are some common defenses to vicarious liability claims stemming from truck accidents. Amongst them are frolic and detour. Frolic and detour claims essentially argue that a truck company shouldn’t be held liable for a negligent trucker’s actions because that trucker was operating beyond the scope of his or her employment at the time of the accident in question. A detour is generally seen as a minor deviation from employment duties, while frolic is seen as a major deviation for the trucker’s own benefit.

Countering defense arguments

So, while you need to focus on presenting evidence that establishes liability, you also need to be prepared to present evidence that minimizes or eliminates the strength of defense arguments. Be prepared to address frolic and detour arguments by being clear about the facts of the case and exactly what the trucker was doing at the time of the accident. It’s also crucial to clearly identify the trucker’s scope of employment. Thorough discovery practices, such as requests for production of employment records and depositions, can help you in this preparation.

Be prepared to fight for what you deserve

If you or a loved one has been injured in a truck accident, then you’re dealing with a lot right now. This might make it hard for you to fully focus on the legalities of your situation. That’s why skilled and aggressive legal advocates stand ready to help you fight for the compensation you deserve.