When you get into a car accident because of another party’s fault, you need to prove the other party’s fault before you can receive any compensation. You and your attorney can use evidence, eyewitnesses, and expert witnesses to prove your case. When you present your evidence and arguments, the law allows the defendant to defend themselves with arguments.
It is not uncommon to find defendants defending themselves even when they know they have caused the accident. They usually do this in the hope that the settlement amount may be reduced or canceled altogether. A car accident attorney Albuquerque can help you prepare for any defenses.
Common defenses in car accident cases
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Comparative fault.
Comparative fault is one of the most common defenses in car accident cases. To reduce liability and the compensation amount, the other party may argue that the victim themself might be responsible for certain injuries. The percentage of fault determines the amount of compensation to be reduced. For example, suppose you had a 20% fault in the accident. Therefore, you would receive 20% less in damages.
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The assumption of risk.
“Assumption of risk” is an old term used in Rio Rancho for when the victim knew about the danger but proceeded anyway. If the defendant is able to prove that the plaintiff should have known about the potential risk if they were paying attention to the road, the latter won’t be able to recover damages.
For example, a car swerving left and right on the road is quite noticeable to the other drivers. One who pays attention should be able to recognize the danger and move to a safer side. Therefore, you and the other party both become negligent.
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Plaintiff had a pre-existing injury or condition.
If the plaintiff has a pre-existing injury or condition, it might create problems for them during the case. However, simply having pre-existing injuries won’t stop you from recovering the damages you deserve.
Just because you had injuries from previous accidents does not mean you cannot acquire new ones from another accident. Moreover, the existing injuries can be aggravated due to the recent accident. An attorney can help you fight this defense with the help of expert witnesses.
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Failure to see a doctor.
Failing to see the doctor can hurt your car accident claim significantly. The defendant may argue that you purposefully aggravated your injuries by not getting timely medical help. Moreover, failing to see a doctor could cause the court to even dismiss your case. The courts may agree with the defendant’s arguments, and you can lose your money.
