Common Defenses in Birmingham Truck Accident Lawsuits

Trucking companies, truck drivers, and their insurers typically raise several  defenses in Birmingham truck accident suits in an attempt to avoid liability. The most common defenses in truck accident cases are lack of causation, contributory negligence, and assumption of risk, each of which is discussed briefly below.

• Lack of Causation: In order to prove causation in Birmingham truck accident cases, you must demonstrate that the defendant’s conduct was the cause of your injuries. To satisfy this requirement, you do not have to show that the defendant was the only responsible party, but only that there is a connection between the defendant’s conduct and the injury such that the injury would not have occurred without the defendant’s actions. The continuous causal connection between the fault and the injury is the most important element necessary to prove causation in a truck accident suit. This means that if it were not for the defendant’s act, the injuries would not have occurred. If there is no causal connection, the defendant will not be held responsible for your injuries.

• Contributory Negligence: Defense attorneys attempt to prove that you were contributorily negligent in causing your own injuries. In Birmingham, if you were in any way at fault for causing your own injuries, then you are not able to recover damages. This means that if the defense proves that you are 1% at fault in the accident, you will receive no compensation for your injuries. Contact the experienced Birmingham truck accident attorneys at The Walker Law Firm to discuss whether contributory negligence bars your Birmingham truck accident claim.

• Assumption of Risk: If you engage in inherently risky or dangerous activities and suffer injury as a result, you may be deemed to have “assumed the risk” of injury associated with that activity. For example, if you drive a car that you know has failing brakes, then you would have assumed the risk of any accident that may occur as a result of being unable to stop the vehicle in a timely manner.

Trucking companies will often attempt to settle out of court quickly while victims are still suffering from the trauma of an accident. In all Birmingham truck accident cases, it is essential that measures promptly be taken to preserve evidence, investigate the accident, and allow a physician to examine any injuries. The Walker Law Firm is experienced with the unique issues involved in Birmingham truck accidents and can assist you in receiving full compensation for your injuries. Call the Birmingham truck accident lawyers at The Walker Law Firm now at (877) 925-5373 or fill out our FREE CASE EVALUATION FORM. The initial consultation is free of charge, and if our Birmingham truck accident attorneys agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a Birmingham truck accident lawsuit must be filed before the statute of limitations expires.