Defenses to a Car Accident Injury Claim in Anaheim

Have you been injured in a car accident and now face a claim? Don’t navigate this alone. It’s crucial to connect with seasoned car accident attorneys in Anaheim who can provide expert guidance and build a robust defense on your behalf.

When facing a car accident injury claim, the other party’s insurance company will likely explore various defenses to minimize or deny liability. Understanding these defenses is paramount in building a solid counter-argument.

Comparative Negligence

One common defense is comparative negligence. This defense argues that the injured party shares some degree of responsibility for the accident. For example, if the injured party was speeding or texting while driving, their actions might have contributed to the accident. Depending on the state’s laws, the injured party’s compensation might be reduced or even barred entirely if their percentage of fault exceeds a certain threshold.

Assumption of Risk

Another defense is assumption of risk. This defense argues that the injured party knew or should have known about the risks associated with a particular activity and willingly assumed those risks. For instance, if a passenger is injured while riding in a car with a driver they know to be intoxicated, the driver’s insurance company might argue that the passenger assumed the risk of injury.

Lack of Causation

Insurance companies might also try to establish a lack of causation between the accident and the claimed injuries. They might argue that the injuries were pre-existing or resulted from an unrelated incident. The defense might present medical records or expert testimony to support their claim.

Statute of Limitations

Every state has a statute of limitations for filing personal injury lawsuits, including those arising from car accidents. The defense might raise this statute as a defense if the injured party fails to file their lawsuit within the specified time frame, potentially barring the claim, regardless of its merit.

Sudden Emergency

The sudden emergency defense is used when a driver is confronted with an unexpected and unavoidable hazard on the road. For instance, if a driver swerves to avoid hitting a child who darted into the street and subsequently collides with another vehicle, they might argue that their actions were reasonable given the sudden emergency.

Navigating these defenses requires legal expertise and a deep understanding of personal injury law. Connect with local car accident attorneys in Anaheim to ensure your rights are protected.