Do You Know The Different Defenses In Car Accident Cases?

Being involved in a car accident, no matter how severe, is traumatizing enough. What is even worse is being sued after having been in a car accident. However, this happens all of the time. You need to hire a good personal injury lawyer in Gilroy if you ever find yourself in this situation. This is because the two of you can use causation to attack the merits of various elements of their defense. You can also use certain defenses that will limit or completely eliminate your liability. Your auto insurance company will investigate the grounds of the accident and the resulting claim from your standpoint. Its lawyers will craft defense strategies that will either counter or avoid litigation.

Furthermore, the fact that more than one driver may have been responsible for your auto accident complicates the situation even further. A good example is if the other driver was distracted while talking on his or her phone and didn’t see you even though you were speeding. You ended up hitting that driver as a result. This brings the point of plaintiff’s negligence. There are three main ways to argue a plaintiff’s negligence.

Pure comparative negligence

This argument believes that any victim who was partially at fault for a particular accident should also be held partially responsible. Your personal injury lawyer in Morgan Hill will tell you that many states currently follow this model. They use percentages to assign levels of guilt and responsibility to each at-fault party. However, even partially at fault plaintiffs can receive more in compensatory damages than the more innocent defendant.The plaintiff is proven to be negligent and at fault when this defense is used.

Modified comparative negligence

This is a model used by some states. Your personal injury lawyer will inform you that it has a cutoff percentage of fault. This means that the plaintiff will not be compensated at all if he or she is found to be at fault by even one percentage point more than the cutoff. The cutoff is generally 50 or 51%. If the plaintiff’s fault is lower than the cutoff, the pure comparative negligence model is used in calculating settlement payouts.

Contributory negligence

Only four states use this model. It is in favor of the defendant. These states are Maryland, Virginia, North Carolina, and Alabama. Washington D.C. also follows this model. The model stipulates that plaintiffs who are even .05% at fault will not receive any compensatory damages.

Procedural defenses

The defendant or its insurance company may try to get a case dismissed on procedural grounds if neither contributory or comparative negligence work. You need a personal injury lawyer, now that you know just how complex car accident defenses are, you need to hire a personal injury lawyer. Your chances of winning your case in court will be much higher if you do.