Does a Sudden Emergency Defense Shield Truckers from Liability after an Accident?Mississippi Legal News
It is common practice for individuals who act negligently and cause a traffic accident to try to find some type of excuse as to why the incident was not their fault. Actually, they will generally argue the crash happened because of the behavior of the injured victim. While this may seem unfair, and it is, as long as victims have proper legal counsel, they are in the best position to counter these deceitful claims.
If you were in a truck accident in Jackson, MS, where the truck caused the incident to happen and your damages resulted, do not be surprised at the way the defendant will try to spin the situation to put the blame on you. Bob Germany is a Jackson truck accident attorney that is all-too-familiar with these tactics and knows how to combat them with an effective counterargument on your behalf.
There is no place for made-up stories and allegations when serious accidents happen after a Jackson traffic collision. Still, this type of behavior happens often. When truck accidents take place, smaller cars are more vulnerable to sustaining catastrophic injuries and substantial damages. The settlement amounts for these types of cases can be very high. Trucking companies and their insurers know this. This is why they will do what they can to skirt liability.
What is a Sudden Emergency Defense after a Truck Accident?
When an emergency situation that is unexpected and rare takes place, and it is the reason for a traffic accident, the sudden emergency defense doctrine could be applied. A person who causes an accident because of some novel event that could not be avoided and the person experiencing it was acting with care at the time the event happened, could have their negligence thwarted.
The sudden emergency defense is not an unusual type of defense after a trucking accident. Because the costs can be so high when one of these incidents takes place, the insurance company representing the negligent trucker will look at every option available to avoid culpability.
This type of defense is extremely insulting to a victim of a trucking accident, specifically when it is simply not true. However, successfully countering this claim is not easy. A defendant issuing this defense must prove that the problem that suddenly came up was unforeseen and for a small defined period of time, not in view.
Combatting a sudden emergency defense excuse can be done by clearly showing that the alleged “emergency” actually stemmed from the defendant’s own behavior. Illustrating how the defendant did not engage with an ordinary and expected duty of care while operating their truck, could be an effective way to fight back.
Speak with a Commercial Truck Accident Attorney in Jackson
Because of the high amount of damages that can result after a Jackson Mississippi truck accident, victims will have to face an arduous battle to get the compensation they need and deserve. Call the Jackson personal injury attorney at Germany Law Firm, PLLC to schedule a free consultation at (601) 487-0555.