It is an awful situation when you become involved in a car accident. What’s worse is when the other driver is attempting to place the entire blame on you. Though, there are certain defenses that you can take against these claims thrown at you. Follow along to find out the common defenses against a car accident claim and how a proficient San Mateo County, California car accident lawyer at the Law Offices of Allister R. Liao can analyze your legal options.
What are the most common defenses taken against a car accident claim?
If you believe that a car accident was due to no fault of your own, yet you still get a personal injury claim placed against you, then you must fight back. That is, you may be able to take one of these common defenses:
- Your involvement in the car accident does not necessarily prove that you performed negligent actions that caused the other driver’s injuries.
- The other driver knew or should have reasonably known about a danger on the road but proceeded anyway.
- The other driver is filing for financial compensation based on past injuries and not the current accident.
- The other driver is exaggerating the severity of their injuries because they have not followed their prescribed treatment plan.
- The other driver has not reasonably mitigated their damages to the degree possible.
- The other driver has missed the statute of limitations (i.e., two years) for filing a claim.
What is comparative negligence in a car accident claim?
Though the aforementioned defenses may be helpful, likely the most usable of them all is the state of California’s comparative negligence standard. More specifically, this law states that if a plaintiff is any percentage responsible for a car accident, then they will receive an award reduced by that percentage.
For example, if a plaintiff is found to be 20 percent at fault, then they may be eligible to recover 80 percent of their damages. So, even if you are the majority to blame for your car accident, you can still take this defense so that you can minimize the amount of monetary compensation that you owe.
We understand just how frustrating it can be to have a car accident claim against you. This is why our team of San Mateo County, California motor vehicle accident lawyers want to do everything in our power to help you. So, whenever you are ready, pick up the phone and call our firm. We look forward to it.