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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.

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Jeff Korek

Jeff S. Korek

Senior Trial Partner​

Jeff S. Korek joined Gersowitz Libo & Korek, P.C. in 1992 as the Senior Trial partner. Known for his meticulous preparation and dedication to his clients, Jeff has obtained some of the state’s highest verdicts and settlements.