Understanding tactics used by defense attorneys and insurance companies in defending truck accident claims is helpful. This article will give you an overview of common defense tactics in defending an injury claim from a commercial vehicle accident.
TACTIC: Blame You
Texas and many other states have a negligence scheme that involves allocating fault between the plaintiff (personal injury victim) and the defendant (negligent driver). If the defense attorney can convince the jury that you are partly at fault, it can reduce or eliminate your damages from the accident.
For this reason, the most common defense tactic for a car or truck accident claim is to seek blame for the claimant’s role in the accident. For instance, if you were rear-ended, the tactic is to claim that you stopped suddenly or swerved quickly into the other traffic lane.
Expect the defense to work to shift the blame for your actions. If the other driver ran a red light, you could anticipate the defense would be that their light was green and your light was red.
TACTIC: Suggest You Did Not Prove Your Case
You always hear defense attorneys suggest that you did not adequately prove your case and have the burden of proof.
TACTIC: Imply You Are Doing It for The Money
A common defense tactic is to assert or imply that you are only looking for the money and not really for justice after the accident. This is a common theme among defense attorneys.
They will suggest that your treatment and other actions were based upon building a lawsuit and not related to reasonable medical help. This tactic is much easier and more effective than many anticipate because it requires no proof on the defendant’s part, only implication.
TACTIC: Attack Your Credibility
The defense will always attack the plaintiff’s credibility and, if not outright, call them a liar, suggesting that they are exaggerating and not being truthful with the jury’s judgment. The unfortunate part of this tactic is that it does not matter how straightforward and truthful the victim is. The tactic will be utilized anyway.
TACTIC: Attacking Your Medical Care
The common subject of a defense lawyer’s examination and closing arguments is the amount and necessity of your medical treatment. The defense will attempt to imply that you did not need the treatment and were only doing it to build your lawsuit.
Additionally, they will argue that you waited too long to get help, implying if it was really that bad, you would have done so immediately. Complain about gaps between treatments or that you got treatment earlier than necessary.
TACTIC: Attacking Your Lost Wages
The defense attorney will imply that you did not really need to miss work or that if you did, you are exaggerating the amount of your compensation or your calculations of your lost wages. Proving lost wages can be particularly difficult for self-employed victims.
TACTIC: Blame the Lawyer’s Greed
Many defense lawyers will seek to tie your personal injury attorney to your doctor and imply that the attorney sent you to the doctor for the case and not for medical treatment. In other words, the defense will imply that the case is phony. Most personal injury victims are shocked when they realize that these tactics will be used against them when their injuries are real and life-altering.
It is very difficult for many personal injury victims not to take personal offense to tactics that attack their credibility and their sworn testimony. Some defense attorneys are more skilled than others at implying shady conduct instead of accusing the plaintiff of exaggerating or lying out in the open.
