Know these common defenses to car accident cases

Posted on February 23, 2021

If you’ve been injured in a car accident, then you might look at your case and think that you have pretty strong evidence to support your claim. To you, it might appear that the driver who hit you was clearly to blame and is the direct cause of your injuries. While you’ll certainly want to focus on this evidence as you build your case, you shouldn’t overlook the potential defenses that you could face. After all, doing so could jeopardize your claim in considerable ways.

Comparative negligence

One of the most common defenses in a personal injury case is comparative negligence. Here, the other driver argues that you are at least partially to blame for the accident in question. Under the law, if you win your case, then your award will be reduced by the percentage of fault allocated to you. This means that your actual recovery can be reduced significantly.

A third-party is to blame

In multi-vehicle crashes it’s not uncommon to see defendants try to shift the blame to other third-parties. This can be especially important in truck accidents when truck companies argue that individual motorists are to blame. If they are successful in doing so, then you might have more trouble recovering the full extent of your damages. This is why it’s important to consider who is at fault for your accident and how best to approach a claim against each of them.

Inflated damages

Successfully imposing liability isn’t enough. You also need to show the extent of your damages. After all, winning a case but not showing damages isn’t going to change your financial situation. Sometimes, though, even after imposing liability car accident victims see defendants argue that their requested damages are inflated. These defendants might bring in medical experts to try to minimize your injuries or the impact that they will have on your life, and they may try to diminish the amount of pain and suffering that you’re feeling.

Take a holistic approach to your case

If you want to maximize your chances of succeeding on a personal injury claim and recovering the compensation that you need and deserve, then you need to take a holistic approach to your case. Sure, you need to be aggressive in proving your case, but you also need to be adept at anticipating the defense’s arguments and be prepared to successfully counter them. This is where the assistance of a knowledgeable and experienced personal injury attorney in West Valley City, Utah may prove useful.