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James M. Roswold is licensed in Missouri Only. Heather A. Lottmann is licensed in Kansas and Missouri. Victor B. Finkelstein is licensed in Kansas and Missouri.
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Trucking Accidents
Anticipating Kansas City Truck Accident Defenses (Part 2 of 2)
In part one of our series on common truck accident defenses our Kansas City truck accident attorneys explained affirmative defenses such as assumption of the risk and comparative negligence. Affirmative defenses assume that you have met your burden of proof but that, for one of the reasons put forward by the defense, you should not be entitled to damages.In this article, we are going to look at truck accident defenses that focus on a different type of defense strategy. Specifically, we are going to consider what happens when the defense asserts that you have not met your burden of proof.
What You Need to Prove in a Kansas City Truck Accident Case
Generally, in order to prove that a truck driver’s negligence caused your truck accident injuries you, together with your Kansas City truck accident lawyer, need to prove that:
- The trucker owed you a duty of care.
- The trucker breached his or her duty of care by failing to act like a reasonable truck driver.
- The trucker’s breach of the duty of care caused your injuries which would not have happened but for the accident.
- You are entitled to damages as a matter of law.
What the Defense May Argue
It will be difficult for the defense to argue that the trucker did not owe you a duty of care. Drivers generally owe a duty of care to those with whom they share the road. However, the defense may argue that the trucker acted with reasonable care or that your injuries were not caused by the trucker’s actions. If the trucker successfully makes either of these arguments then you will have failed to make your case and you will not be able to recover damages.
When to Contact a Kansas City Truck Accident Lawyer to Help You Recover Damages
In order to protect your rights and make a strong case that the defense is unable to refute, it is important to contact an experienced Kansas City personal injury lawyer as soon as possible after your accident. An experienced Kansas City personal injury attorney will anticipate the likely arguments of the defense and advocate for your just recovery.
For more information, please contact our Kansas City truck accident law firm today at (816) 471- 5111 or toll free at (888) 348-2616 for a free consultation and please read our FREE publication: 10 Essential Steps You Must Take to Protect Your Injury Claim, for more information about your legal rights.
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Kansas City Accident Injury Attorneys
1102 Grand Blvd., Ste 1901
Kansas City, MO 64106
Phone: 816-471-5111
Toll Free: 888-348-2616
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1102 Grand Blvd., Ste 1901
Kansas City, MO 64106
Phone: 816-471-5111
Toll Free: 888-348-2616
Get Directions
Kansas City Accident Injury Attorneys*
11900 College Boulevard, Suite 300
Overland Park, KS 66210
*By Appointment Only: Heather A. Lottmann & Victor B. Finkelstein
11900 College Boulevard, Suite 300
Overland Park, KS 66210
*By Appointment Only: Heather A. Lottmann & Victor B. Finkelstein
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Kansas City Accident Injury Attorneys
1102 Grand Blvd., Ste 1901
Kansas City, MO 64106
Phone: 816-471-5111
Toll Free: 888-348-2616
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Latest News
- Posted on 5/21/2012FMSCA Releases Report Highlighting Main Causes of Fatal Trucking Accidents in KS. and MO.
- Posted on 5/15/2012Truck Driver Seriously Injured in Trucking Accident on I-70 near Bonner Springs, Kansas