Car Accident Defenses
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What Are Some Common Causes of Car Accidents?
Many car accidents are caused by the negligence of one or more drivers. This can be due to inattention while driving, drunk driving, or other factors. Some other causes of car accidents include:
- Poor visibility
- Very bad weather conditions
- Defects with the car’s mechanical systems
- Issues with road signs or stop light failure
- Other unpredictable factors
Are There Any Car Accident Defenses?
On the other hand, there are also accidents where one or more driver is at fault for the injuries or damage caused to another party. Even so, there can be instances where the driver is excused from liability if a legal defense applies to them. Some car accident defenses may include:
- Lack of proof: For instance, if one of the elements of negligence cannot be proven, or if there is not enough evidence to prove liability.
- Emergencies: Some cases result in a dropped or lowered sentence if the accident involved emergency conditions.
- Contributory or Comparative Negligence: Some jurisdictions don’t allow a plaintiff to recover damages if they contributed to their own injury. In other areas, the damages are reduced proportionately.
- Assumption of Risk: It can sometimes be a defense if it can be shown that the other driver knew of a certain risk and still acted in spite of the risk.
Some other defenses may also apply, such as involuntary intoxication, though these can sometimes be more complex in nature.
What Are the Legal Consequences for Car Accident Violations?
Car accident cases can sometimes result in a civil lawsuit for damages. In such cases, the liable party may be responsible for reimbursing the victim for losses including:
- Costs associated with any injuries (hospital costs, etc.)
- Damage to the car or other property
- Various other costs
- In some cases, criminal penalties can also result (especially for cases involving drunk driving).
Do I Need a Lawyer for Help with Car Accident Defenses?
Car accident claims often involve complex legal theories and many different sets of facts. You may wish to hire a lawyer if you need help dealing with car accident claims. Your lawyer can provide you with advice for your case and can also inform you of your options under state law. Also, your lawyer can provide you with representation
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Last Modified: 07-19-2016 10:20 AM PDT
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