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California Car Accident Attorneys

Defenses in Car Accident Cases

If you bring a lawsuit for auto accident injuries, the defendant may raise certain legal theories in order to bar or minimize his liability. The defenses available in auto accident injury cases vary by state. Two common defenses are:

• Assumption of the risk.
• Contributory or comparative negligence.

Assumption of the Risk

The defendant may not be liable for damages if he can prove that the victim voluntarily exposed himself to the risk of a car accident. This defense depends on the facts of the case. The defendant would have to show that the plaintiff had knowledge of the risk of an auto accident and that he voluntarily exposed himself to the risk.

This defense rarely succeeds in auto accident cases. For it to apply, the car accident victim must intentionally do something knowing its danger. An obvious example would be someone injured while illegally drag racing on a public road. Less obvious examples include drivers who recklessly ignore road warning signs, fail to wear safety belts, or talk or text on cell phones.

The defendant may rely on witness testimony, stoplight camera photographs, paramedic and ambulance car accident injury reports and cell phone records to argue that the claimant acted recklessly in a way that assumed the risk of car accident injury.

Comparative or Contributory Negligence

If the victim's own negligent acts contributed to causing the car accident injury, the defendant's liability may be reduced or eliminated in proportion to the victim's contribution. This is called "comparative negligence." The court will consider whether the accident victim exercised the same degree of care a prudent person would have under similar circumstances. If not, the victim's damages may be reduced.

Consider this example. After trial, a court finds that the car accident victim was 25 percent at fault, the victim's employer was 25 percent at fault, the city was 25 percent at fault, and the car's manufacturer was 25 percent at fault. Each party would be liable to the victim for their share of the fault. The victim's total recovery would be reduced by his own share of the fault. So if the total damages equaled $100,000, each of the three defendants would pay $25,000. The victim would receive just $75,000 in order to account for his share of fault.

Auto accident laws vary from state to state. Lawyers may use other legal theories to defend against a car accident lawsuit. An auto accident injury lawyer in your area can advise you on the car accident laws applicable in your state and the best way to prepare your car accident injury case. Contact an experienced car accident injury attorney today for more information on car accident injuries.

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