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What Defenses Could A Vehicle Accident Attorney Use In Court?

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Have you recently been the driver in an auto accident that lead to the injury or death of another person? Or maybe no one was seriously injured but there was extensive damage to the other party's vehicle. Either way, you may be looking into your options for a vehicle accident attorney, especially if you are concerned that the case may proceed to court.

Hiring a vehicle accident attorney (from Armstrong & Surin or another firm) can be a huge benefit to your case should the other party move forward with a lawsuit. However, you may also be wondering what defenses a vehicle accident attorney may use to help increase your chances in court, especially when it comes to proving fault.

Establishing Negligence by the Opposing Party

One defense that a vehicle accident attorney may use in court is that the other party in the accident was somehow negligent. However, this defense does require that the negligence of the other party contributed to the accident. Examples of negligence by the opposing party that a vehicle accident attorney may use include:

  • Speeding
  • Making sudden stops or movements
  • Knowingly operating a vehicle while tired or while under the influence of medications that can cause drowsiness
  • A passenger in the car was interfering with the driver's operation of the vehicle

Comparative Negligence

Comparative negligence is a defense that is used by a vehicle accident attorney in an attempt to show that both parties were at fault in the accident. This would involve the defendant taking a partial responsibility for the accident while stating that the opposing party was also at fault. This type of defense works by stating that one driver was at fault based on a percentage and the other driver was at fault based on the remaining percentage.

In a case involving comparative negligence, any settlements or compensation is reduced by the percentage at which the driver was at fault. For example, if a driver was 30 percent at fault for an accident, and their compensation was $200,000, they would only receive $140,000.

It is important to consider that the laws and regulations for comparative negligence can vary based on state law.

If you are concerned about how to defend yourself in a car accident case, consider meeting with a few vehicle accident attorneys in your area. An initial consultation can help you determine whether or not you need representation and what type of defense is best for your circumstances. A vehicle accident attorney could also prove crucial should any criminal charges be filed as a result of the accident.