Car accidents can lead to severe injuries, financial losses, and emotional trauma. When victims seek compensation, insurance companies and at-fault parties often use certain defenses to reduce or deny payouts. That’s why it’s essential to know about legal support for injured car accident victims to ensure these defenses don’t harm your rightful claim.
The “No-Fault” Defense
One of the most common defenses is the argument that the accident happened in a no-fault state. In such states, drivers claim compensation from their own insurance regardless of fault, which limits lawsuits. However, there are exceptions to this rule, especially when injuries are serious or expenses exceed a certain threshold.
How to counter it: Know your state laws. If your injuries are severe enough to bypass the no-fault limitation, you can pursue a liability claim. Keep all medical records and bills to prove the extent of your injuries.
The Comparative Negligence Defense
Insurance companies frequently argue that the injured party was partly or entirely at fault for the accident. Under comparative negligence rules, your compensation is reduced according to your percentage of fault. In some states, if you’re more than 50% at fault, you cannot recover damages.
How to counter it: Collect strong evidence from the accident scene. This includes photos, dashcam footage, police reports, and eyewitness statements. Such evidence will help establish the other party’s fault clearly.
The “Sudden Emergency” Defense
Drivers sometimes claim they faced a sudden emergency, like an animal crossing the road or brake failure, which made the accident unavoidable. If successful, this defense can eliminate their liability.
How to counter it: Investigate the circumstances thoroughly. Was the emergency truly sudden, or did their negligent driving create the situation? Expert opinions, mechanical inspections, and accident reconstruction can help disprove this defense.
The Pre-Existing Injury Defense
Insurance companies often argue that your injuries were not caused by the accident but were pre-existing. They may use your past medical records against you to reduce or deny compensation.
How to counter it: Medical documentation is crucial here. Have your doctor explain how the accident worsened your condition, even if you had prior injuries. Medical expert testimony can strengthen your claim.
The Minimal Impact Defense
Another tactic insurers use is claiming the accident impact was too minor to cause injuries. They argue that since the vehicles had minimal damage, your injuries must be exaggerated.
How to counter it: Remember, the extent of vehicle damage does not always correlate with injuries. Whiplash and soft tissue injuries often happen even in low-impact crashes. Medical records and expert opinions can counter this defense effectively.
The Statute of Limitations Defense
Defendants can argue that your claim is invalid because you filed it after the statute of limitations expired. Every state has a deadline for filing personal injury claims, usually ranging from one to four years.
How to counter it: Always act promptly after an accident. Contact an attorney quickly to ensure you file within deadlines. If the delay was due to reasonable causes, your attorney may argue for an exception in court.
The Assumption of Risk Defense
In some cases, the defense argues that the victim knowingly took on the risk of getting injured, such as riding with a drunk driver or participating in dangerous activities.
How to counter it: While assumption of risk can apply in specific scenarios, it does not absolve the at-fault driver of their duty of care. Your lawyer can argue that even if you took some risk, the other party still had an obligation to drive responsibly.
Final Thoughts
Car accident claims can become complex when defendants use these common defenses. Knowing what you’re up against helps you prepare your case better. Always document everything related to the accident, from medical visits to repair bills and lost wages. Most importantly, seek the guidance of a personal injury attorney to navigate these legal hurdles confidently. Their expertise can counter defense strategies effectively and maximize your compensation, ensuring you get the justice you deserve.
