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 In Your Truck Accident Case
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.
Have You Been Injured In A Truck Accident?
If you've been injured in a tractor trailer accident you need to speak with an experienced truck accident attorney as soon as possible. Please contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.