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:
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:
Comparative negligence is an affirmative defense to a negligence lawsuit. Not every state allows a comparative negligence defense. Under comparative negligence theory, the plaintiff contributes in some way to his or her own injuries.
Under the comparative negligence theory, the plaintiff can still sue the defendant for negligence. However, the defendant can raise comparative negligence as an affirmative defense. If proven, then the plaintiff’s own negligence will result in a reduction of his damages. For example, if the jury believes a jaywalking pedestrian is half at fault, and then his damages will be reduced by 50%.
Contributory negligence is similar to comparative negligence. Under contributory negligence, the plaintiff pedestrian is still negligence for jaywalking and is therefore partially liable. However, in the rare few states that allow contributory negligence defenses, the plaintiff is completely barred from bringing the lawsuit. The defendant has to show the plaintiff contributed to the accident.
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:
Car accident claims often involve complex legal theories and many different sets of facts. You may need to consult with an experienced personal injury lawyer that can evaluate your defenses, investigate the case, negotiate a settlement, and advocate for your side in court. A personal injury lawyer lawyer can provide you with advice for your case and can also inform you of your options under state law.
Last Modified: 05-22-2018 07:34 PM PDTLaw Library Disclaimer
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