COVID-19 Notice: Gersowitz Libo & Korek, PC is fully-operational during the COVID-19 global pandemic. We continue to handle cases and operate remotely, in accordance with mandated safety guidelines. We are available by phone, email or video conference to discuss your case.
Read More from Our Partners

X
banner

Typical Defenses in New York Car Accident Lawsuits

You and your New York car accident lawyer should prepare for the following possible defenses that the defendant may raise in your car accident case:

  1. You caused the car accident, in whole or in part.
  2. Someone else besides the defendant caused the car accident.
  3. You did not really suffer injuries as a result of the car accident.

Defense #1: You caused the car accident.

Car Accident Attorney

The most common defense that defendants use in car accident lawsuits is that you, and not the defendant, caused the car accident. Legally, this defense is called contributory or comparative negligence. This means that the defendant was not entirely at fault: your own negligence contributed, partly or wholly, to the actual accident.

The defendant might claim comparative or contributory negligence by saying that you were violating a traffic law (such as speeding), or that you could have either avoided the accident (by swerving, for example) or mitigated your injuries (by wearing a seatbelt, for example).

Defense #2: Someone else caused the car accident.

The defendant might argue that someone else besides the defendant caused, or contributed to, the accident:

  1. The road conditions were hazardous, and the city or state had a duty to maintain better traffic controls or design the roads better.
  2. The defendant’s car was made unsafe by a product defect, so the car manufacturer was really at fault.
  3. Another driver did something that actually caused the accident.

Defense #3: You weren’t really injured in the car accident.

Typical Defenses in New York Car Accident Lawsuits

The defendant might either claim that: (1) you are making up or exaggerating your injury, or (2) you already had the injury prior to the accident.

Facts That the Defense Will Look Out For

There are certain kinds of facts or situations that the defense will use to its advantage in car accident lawsuits. Examples of facts about you or the situation that are beneficial to the defense are:

  1. You made a sudden stop.
  2. You stopped in a traffic-holding situation.
  3. There was a mechanical defect or failure in the defendant vehicle.
  4. The accident was unavoidable.
  5. A sudden emergency arose.

If you’ve been injured in an automobile crash, the dedicated New York car accident lawyers at Gersowitz Libo & Korek, P.C. can help. Simply fill out the form on this page to schedule an free initial evaluation of your case.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Client Testimonials

La mejor firma de abogados, muy profesionales, excelentes persona, todo el tiempo estuvieron pendientes de mi y mis necesidades, estoy muy agradecida con ellos.
Maricela O.
I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I... can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
Jeremy N.
They were incredibly professional and pleasant to work with. They made the personal injury process straightforward and easy to navigate. I appreciated their...
Lindsay L.
Jeff and Michael are both very professional and helpful towards my case. I would like to thank the team and Irene, the assistant, for all their help despite the length of time that the case took. They took a lot of care and were patient with... answering any inquiries that I had.read more
Cindy C.
A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
Mary S.
Thank you to the team at Gersowitz Libo & Korek, and especially to our wonderful attorney Anthony Makarov. Mr. Makarov was our trial attorney who took our...
Amy L.
From beginning to end we were comfortable with the team at GLK. Thank you Mr. Gersowitz (Ed) for obtaining a settlement out of court.
Donna L. S.
I am giving this law firm 6 out of six thumbs up. Very professional very personal and compassionate staff. From the Attorneys to the staff they were all...
Anthony C.
Ed Gersowitz and all his colleagues at the firm Gersowitz Libo & Korek, PC far exceeded all my expectations for a personal injury law firm. From the moment...
Robin F.
Thank you to the team at Gersowitz Libo & Korek and special thanks to attorney Daniel, Avi and Annette for all your help on my case. Dealing with the law...
Hazel M.
section start
Need Help with an Injury? We're Here to Help. Contact Us Today:
  • NEW YORK OFFICE
    111 Broadway, Suite 1204
    New York, NY 10006
    Phone: (212) 385-4410
    Toll-free: (800) 529-9997
    Fax: (212) 385-4417
    Leave Us A Review : revmap rev-sec
    nj
  • NEW JERSEY OFFICE Recognized as one of the leading personal injury law firms in the New Jersey, Gersowitz, Libo & Korek, P.C. has recovered tens of millions of dollars for our clients in New York and New Jersey.
    157 Engle Street
    Englewood, NJ 07631
    Phone:(201) 541-8540
    Toll-free: (800) 529-9997
    Fax: (201) 541-8565
    Leave Us A Review : rev-map rev-sec
    ny
f
t
korek-buttonX