Unfortunately, even when fault in truck accidents seems clear, trucking companies and their insurers often try to avoid responsibility by using a variety of legal defenses. 

Truck accidents are often catastrophic, especially when they involve semi to large commercial vehicles. If you’re a victim of a truck crash, knowing what you may be up against can help you prepare and win against legal tactics insurance companies and defense lawyers use.

With our trusted Kennewick truck accident lawyer, Craig Swapp & Associates has successfully represented many clients in complex truck accident cases across Washington State. 

Let’s break down the common truck accident defenses in Kennewick and how they can affect your claim.

1. Comparative Negligence

One of the most frequently used defenses is comparative negligence, where the defense claims that the injured party was partially or mostly responsible for the crash. Common examples include: speeding, distracted driving, following too closely, and failing to yield. Even a minor error on your part can be used to argue for a reduced payout.

2. Sudden Emergency Doctrine

The sudden emergency defense applies when a truck driver encounters an unexpected situation, like an animal darting into the road or sudden mechanical failure, and reacts reasonably. While this defense may be valid in rare instances, it fails if the emergency was caused by the driver’s negligence, such as speeding or failing to inspect the vehicle.

3. Compliance with FMCSA Regulations

Trucking companies may claim they complied with all Federal Motor Carrier Safety Administration (FMCSA) rules, such as Hours-of-Service (HOS), driver qualification, and maintenance checks. But following these rules doesn’t automatically clear them of negligence. In fact, evidence like falsified logs or poor maintenance records can turn this defense on its head.

4. Act of God/Weather Conditions

Another tactic is blaming bad weather as an unavoidable cause of the crash. However, truck drivers are expected to adjust their driving to suit conditions. Failing to slow down or take alternate routes during snow, rain, or fog can still be considered negligent behavior.

5. Independent Contractor Status

Some carriers try to claim the truck driver was an independent contractor, not an employee, to dodge liability. Federal law, however, defines drivers as “employees” even when they’re contracted. Also, carriers who lease trucks are legally responsible for them during the lease term.

6. Failure to Mitigate Damages

After an accident, the defense might argue you didn’t do enough to limit your own damages, like skipping physical therapy or not following medical advice. While there is a duty to mitigate damages, the defense must prove both the failure and the financial impact of that failure.

7. Spoliation of Evidence

If critical evidence like your vehicle, phone, or medical records is destroyed or altered, defense attorneys may claim spoliation. This can lead to penalties, including dismissal of claims or adverse instructions to the jury. Victims should act fast to preserve evidence and send litigation hold letters.

How Fault Can Impact Truck Accident Claims in Kennewick

Washington follows a pure comparative negligence rule, which means that your compensation can be reduced based on your percentage of fault in the crash. 

For instance, if you are found to be 20% at fault, your compensation is reduced by 20%. Even if you’re 99% at fault, you can still recover 1% of your damages. This is frequently used as a defense strategy in truck accident cases.

Trucking companies may also attempt to point fingers at other drivers, road conditions, or even the victims themselves. This strategy is known as the “empty chair” defense, where fault is shifted to a party who isn’t in court, taking advantage of RCW 4.22.070, which allows fault to be allocated among all at-fault parties, even if they aren’t named in the lawsuit.

Fault can drastically affect the worth of a truck accident claim, which is why defense attorneys often focus on shifting blame.

What to Do if You’re Blamed for a Truck Accident 

If the trucking company or insurer is blaming you for the crash, don’t panic, but do take it seriously. 

Here’s what you should do:

  • Don’t admit fault: Never say you were “fine” or apologize at the scene. Even casual statements can be twisted.
  • Gather evidence: Secure dashcam footage, witness contacts, and photos of the crash scene. This evidence can directly counter blame-shifting tactics.
  • Get medical attention: Seek immediate treatment and follow through. Any delays can be used against you as evidence of non-serious injury or failure to mitigate.
  • Avoid talking to the insurance company: They may record your statements and use them to support one of the above defenses. Let a lawyer handle communications.
  • Hire a truck accident attorney: A seasoned legal team knows how to beat these defenses with evidence, expert testimony, and investigative resources.

For more insights, read about fault truck accidents in Washington.

How a Lawyer Can Help You Overcome These Legal Defenses

Overcoming aggressive defense tactics in truck accident cases requires an experienced, strategic approach. Here’s how a lawyer can help:

  • Identify all liable parties: Including shippers, loaders, maintenance contractors, and government entities
  • Send preservation letters: To secure logbooks, inspection records, and black-box data
  • Challenge improper defenses: Including motions to exclude inadmissible evidence like seat belt nonuse
  • Work with experts: Accident reconstructionists, vocational experts, and medical professionals can testify to refute claims
  • Handle comparative fault claims: Building a narrative that minimizes or disproves your alleged role in the accident

Trucking companies have deep pockets, aggressive insurers, and experienced defense lawyers. If you’ve been injured, it’s essential to arm yourself with a team of injury lawyers in Kennewick that understands how to overcome the common truck accident defenses.

At Craig Swapp & Associates, our knowledgeable truck accident lawyer will not only fight for your rights but will also make sure the defense doesn’t use technicalities to avoid paying what you’re owed. For legal help fighting complex legal defenses in truck accidents, call us today at 509-567-3629 or send us a message about your case by answering our online form here.

Written By: Ryan Swapp     Legal Review By: Craig Swapp