Trucking companies use many strategies and excuses to explain why they aren't to blame after a serious 18-wheeler accident. One such argument that often pops up in the course of a trial is the "Mystery Car" defense—but what is that?

Answer: The "Mystery Car" defense, aka "the phantom car" or "miss and run," is how attorneys refer to a defense strategy that attempts to blame a crash on a car that wasn't at the accident scene, based upon mere speculation.

To be clear, "Mystery Car" isn't a formal defense like Act of God that are recognized by courts. Rather, it's a common defense strategy that some attorneys employ regularly when all the other evidence is stacked against them. In short, it's a perfectly legal way for a defense attorney to muddy the waters and attempt to confuse a jury.

Let's take a closer look at how this defense works and how truck accident victims can overcome it.

How Does the "Mystery Car" Defense Work?

Most trucking defense strategy is built around introducing doubt regarding who or what was actually responsible for an accident. That's not always about trying to dodge justified blame; sometimes other factors really played roles in a commercial crash. Imagine for instance that someone threw a rock off an overpass and it crashed through the windshield of an 18-wheeler passing through below. If the truck driver lost control and swerved into another vehicle, would that truly be his fault? Most people would probably say no.

However, the defense doesn't always have someone like that to point at. When they have absolutely nothing else to work with, they don't just raise a white flag and tell their client to pay up. Instead, they try to confuse a potential jury.

One of the common tricks of their trade, so to speak, is to suggest that another car did something dangerous, caused the crash, and drove off. Why would they suggest this? Because to many that would be a pretty plausible scenario. Plenty of crashes are caused by people who drive away afterward, so blaming one of those allows juries to have someone to blame that's not the defendant.

It might sound ridiculous, but there are circumstances where this defense can work. If the victim's attorney doesn't properly collect evidence or get it admitted to court, a truck accident case may devolve into a "he said/she said" situation, where the truck driver's word is pitted against the victim's. In these types of cases, the defense attorney using the "Mystery Car" defense can turn a losing case into one that hinges on whether the jury believes the truck driver or the victim. This substantially increases the defense's odds of winning and the victim getting nothing.

Furthermore, the goal may not necessarily be to win at trial. Rather, the defense wants to create enough doubt in the victim and their attorneys that they settle the case for less than it's actually worth. At the end of the day, most defense attorneys couldn't care less if the truck driver is blamed; their primary goal is really just to reduce the amount paid to the victims.

Example: A truck driver swerves accidentally into your lane, sideswipes your car, and injures you. Nobody's sure at first why the driver lost control, but he says he swerved to avoid another car that cut him off. In that case he might be somewhat less to blame, as he was just trying to avoid a collision. Unfortunately, the alleged at-fault party drove off into the sunset and nobody got a description or license plate. The trucking company isn't concerned about that, since they only need to convince a jury that it could have happened. It still falls to the victim to refute or overcome that argument—but how?

How Do I Refute the "Mystery Car" Defense?

A proper accident reconstruction can generally rule out a phantom car and driver. For instance, years ago we represented a family who lost a loved one when an 18-wheeler veered into her car's lane and caused a fatal accident. In that case, the defense attorneys tried to say the truck driver was cut off by a "Mystery Car." Because we hired an accident reconstructionist who laser-mapped the scene, forensically analyzed the vehicles involved in the crash in a laboratory, and then generated an evidence-based simulation of how the crash occurred, we were able to show that the physical evidence didn't match up with a driver swerving suddenly to avoid a collision. Instead, he slowly drifted over into our client's lane on the roadway.

We have plenty of similar stories where clear evidence found through hard work made all the difference. A full investigation and the details it finds can paint a clearer picture of events, so a good truck accident lawyer will:

• Find and talk to eyewitnesses who saw the crash;
• Get any pictures or footage (cell phone cameras, traffic cams, dashcams) of the wreck;
• Track down a license plate number or vehicle description to help locate the "Mystery Car;"
• Consult experts in crash reconstruction, forensic analysis, and other fields to investigate more carefully and testify on a client's behalf; and
• Analyze crash reports from law enforcement.

Many of these efforts can help determine the presence or absence of a "Mystery Car," though they often take going above and beyond police efforts. Once the picture comes into clearer focus, though, many of the defense's excuses and deflections can be effectively shut down.

Get Help You Can Trust, and Fast

It may seem like "Mystery Car" is a fairly weak defense, and that's not inaccurate. Still, even the most seemingly absurd defenses can ruin your commercial vehicle accident case if they're not properly refuted.

That's where an experienced truck accident attorney can be a great help. The Texas attorneys at Grossman Law Offices have been helping truck accident victims for decades and have overcome all manner of trucking company excuses, including those trying to blame unidentified phantom vehicles. If you were hurt or lost a loved one in a crash with an 18-wheeler and want to speak to an attorney about your situation, call Grossman Law Offices any time for a free and confidential consultation.