There are different laws and regulations constituting car accident law that regulate the resolution of auto accident disputes. Often, many auto accidents end up in court as civil lawsuits such as personal injury and compensation claims between the drivers and their insurance companies. Depending on the circumstances of the case, the number of the parties involved, and the severity of the accident, personal injury claims can be complex. Thus, any party hoping to increase their chances of successful litigation should consult a trained professional who understands the intricacies of car accident law. For instance, the parties in a personal injury claim need to know the legal defenses applicable to car accident law. Below are some common defenses applicable in car accident law.
Car accident law contains legal rules that guide parties to determine the party at fault in an auto accident. In some cases, the plaintiff may have contributed in a significant way to the accident. In such cases, car accident law precludes the plaintiff from recovering damages that resulted from their negligence. Thus, when an attorney pleads contributory negligence on their client's behalf, they must demonstrate that the plaintiff acted negligently and contributed to the occurrence of the accident. An experienced car accident lawyer can review the case and advise whether a contributory negligence defense is applicable depending on a state's car accident laws.
Failure to Mitigate
In most jurisdictions, per car accident law regulations, a person involved in a collision must mitigate any further avoidable damages. An accident victim who fails to reduce preventable injuries and instead exacerbates the damages cannot be compensated for their fault. In addition, car accident law does not protect parties that intentionally or negligently worsen their injuries. A car accident attorney can advise whether the plaintiff took all necessary precautions to mitigate further damages upon reviewing the facts of a case. Thus, retaining a competent car accident attorney ensures that they do not pay excess compensation for a plaintiff's failure to mitigate further damages.
Lack of Causation
A defendant is only liable for the damage and injuries caused. For a personal injury claim to suffice, a plaintiff must demonstrate that the defendant's negligence caused the accident that resulted in the plaintiff's injuries. In addition, a plaintiff must establish causation between their injury and the defendant's negligence. Alternatively, the attorney can prove that while the plaintiff did sustain injuries, they are minor and do not warrant compensation. Car accident law is complex and requires a trained legal practitioner. Therefore, all parties should retain the services of car accident attorneys.