Common Defenses in Car Accident Cases

Many of the clients we meet with are certain that the accident was the other driver’s fault. As a result, they are shocked when the other driver turns thA statute of Lady Justicee blame on them or otherwise denies fault. First, it’s important to understand that the other driver has the legal right to dispute your claim, even if you strongly disagree. Second, you should also understand that these defenses are quite common and may not prohibit you from recovering compensation for your injuries. 

If you’ve been injured in a car accident and need legal advice, the Atlanta attorneys at Slappey & Sadd can help you get the compensation you deserve. Give us a call at 404-255-6677 or contact us online to schedule a free consultation and discuss how we can help you. 

The Accident Was Not Their Fault

This is probably the most basic defense – the other driver claims that they did everything they reasonably could to drive safely and avoid an accident. They may argue that the accident was caused by any of the following:

  • Poor road conditions
  • Weather
  • Poor visibility due to poor road design
  • The accident was caused by someone else

These are complicated factual issues. For example, weather may have been an issue, but drivers are expected to reduce their speed or otherwise drive appropriately. Or, the accident may have been caused by someone else, but they may have contributed to your injuries. An experienced personal injury lawyer will know how to examine these defenses and determine whether they have any validity. 

You Were Contributorily Negligent

Another common defense is to argue that you were contributorily negligent and therefore partially at fault for the accident. For example, they may have run a red light, but you were speeding. Even if you are partially to blame for the accident you are not necessarily barred from recovery. Using the example above, let’s say your speeding is 20% responsible for the accident. Under Georgia law, any compensation you would be entitled to would be reduced by 20%. However, Georgia law does prohibit recovery if it is determined that you were more than 50% responsible for the accident. 

Pre-existing Injuries

Another common defense is for the other driver to claim that the accident didn’t cause your injury because you were already injured. While pre-existing injuries may complicate your case, the fact that you have a pre-existing injury does not mean that you are not entitled to compensation. An experienced personal injury attorney will know how to overcome this defense in order to prove that you are entitled to compensation. 

You Failed to Mitigate your Damages

Another common defense is that you did nothing to reduce your damages. For example, the other driver may claim that you didn’t follow your doctor’s recommended treatment which led to increased medical costs. Or they may argue that you took more days off from work than you needed. Again, your lawyer can help you overcome this argument so that you can get the compensation you need. 

Don’t Let Someone Else Decide Your Case for You – Contact Slappey & Sadd

Founded in 1992, we work with accident victims in the Atlanta area and across the state of Georgia. We have the skill, knowledge, and experience to help you prove your claim so that you can get the compensation you need to rebuild your life. Call us at 404-255-6677 or visit us online to schedule your free consultation today.

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