How an Automobile Accident Attorney in Tucson, AZ Defeats the Phantom Car Defense

by | Aug 3, 2017 | Lawyers

An automobile accident attorney in Tucson, AZ helps clients who have been injured during an accident with a large truck. In some cases, the truck driver was negligent or careless due to being excessively fatigued or acting aggressively in an effort to make a delivery on time. The sheer size of big rigs can have a protective effect for the trucker, while the people in the passenger car are seriously hurt. Trucking companies and their insurers may attempt to avoid taking responsibility for the incident, using strategies that personal injury lawyers are very familiar with.

The Phantom Car Defense

Sometimes, the trucking company claims that a third vehicle was actually responsible for the accident. This third vehicle seems to have vanished into thin air after its driver did something that caused the semi driver to swerve into a different lane or make another unsafe maneuver.

This strategy by the corporation is known in personal injury legal circles as the ‘phantom car defense’ or ‘mystery car defense’. Since the plaintiff must prove fault in a personal injury claim, this person is left having to prove there actually was no such phantom vehicle involved.

Refuting the Defense

Without the help of an automobile accident attorney in Tucson, AZ, many people back down from their attempt to obtain compensation at this point. They don’t know how to begin to prove the trucker was not reacting to another driver’s unsafe behavior. A law firm, however, has the resources to track down potential eyewitnesses who will refute the trucking company’s assertion.

An expert witness may be called in by a firm such as PRICE & PRICE Law as well. This individual can recreate the scene of the accident and successfully dismiss the likelihood that some other vehicle was involved.

Resolution of the Case

In essence, the attorney may be calling the trucking company’s bluff in a case like this. The company and its insurer do not want to proceed to trial, where they worry that a jury would be very skeptical about the phantom car. They would rather pay the compensation the injured person deserves without further argument.

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