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