If you are filing a car accident claim, you must have an argument that proves the negligence of the other driver. Similarly, if you have a car accident case against you, you must defend that it was due to no fault of your own. Follow along to find out what defenses are commonly used in car accident cases and how a proficient Pike County, KY car accident lawyer at Shane Hall Attorney At Law, PLLC can help you in coming up with a strategy.
What are the most common defenses used in car accident cases?
If another driver places a claim against you after your car accident, you may be able to take the defense that they failed to see a doctor. You can argue this in the following ways:
- The other driver did not visit the paramedics and EMTs at the scene of the accident.
- The other driver did not go to the emergency room after leaving the scene of the accident.
- The other driver did not schedule follow-up appointments with their physician.
- The other driver did not follow the treatment plan prescribed to them.
Also, if applicable, you may be able to argue that the statute of limitations for this claim has since expired. That is, if over two years have passed since your accident, you can defend that too much time has passed for the other driver to seek financial compensation to recover their damages.
How do I prove my defenses in my case?
For the car accident claim against you, you may bring up Kentucky’s comparative negligence law. That is, you may say that both you and the other driver were partially responsible for the accident, and that fault should be distributed between both of you in percentages. With this, you may be responsible for fewer damages. For example, instead of being blamed for 100 percent of the accident, you may be able to prove that you were only responsible for 80 percent and then only have to pay for 80 percent of the other driver’s damages.
You may prove this defense in the following ways:
- The official police report that was conducted at the scene of your accident.
- Photos and videos of your injuries, damages, and contributory hazards that led to your accident.
- Statements from witnesses present at the scene of your accident.
- Medical documents that highlight the date, time, and severity of your injuries.
- Bills from your required car repairs after your accident.
- Proof of lost wages due to your injuries from your accident.
To learn more about what other defenses you can take, reach out to a talented Pike County, KY auto accident lawyer today. We look forward to analyzing your case and building a legal strategy that works in your best interest.