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Atlanta Truck Accident: Common Defenses Used Against Your Claim


Blog Category:
5/1/2012
Shane Smith
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When you are pursuing an Atlanta truck accident claim, you should be prepared for the types of defenses that a driver may use. Just as you may have legal representation from a truck accident attorney working on your behalf, most likely the driver will too. 

3 Defenses to Watch Out for When Filing a Truck Accident Claim

A defense that may be used by the driver is that you had an assumption of risk. In other words, you were acting in a manner in which you had awareness of the inherent danger. 

For instance, let’s say it was discovered that your brakes were faulty at the time of the accident but you previously knew something was wrong with them. Despite the driver’s negligence it may be argued that your inability to stop was a risk you assumed. 

Another defense that may be used is that you were either just as much at fault for the accident or you were even more at fault.
They may try to blame your injuries on your own actions.

Finally, they may try to argue that your injuries were not directly caused by the accident.
If you had a prior injury from another accident, it may be used against you. Understand that your claim for compensation may involve more than the driver and that you deserve justice and compensation from all parties they may be held accountable for the injuries you sustained.

After You’ve Been Injured in an Atlanta Truck Accident, Call an Attorney

When you or someone you love has sustained serious injuries caused by someone else’s negligence in an Atlanta truck accident, you should know what your rights are. The law offices of Shane Smith can provide you with valuable tips on how to protect your case, free of charge including:  10 Mistakes That Can Ruin Your Georgia Wreck Case and Property Damage Guide for Georgia. Contact our offices at 1-770-HURT-999 (1-770-487-8999).


Category: Truck Accidents


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