When a person is involved in an auto accident, they normally let their auto insurance company handle the details. However, an injury claim arising from a car accident can be complicated, especially if either party is uninsured. Being sued can be a frightening prospect, but there are defenses to be used in the event of an accident-related lawsuit.
Never Admit Fault
This tip may seem elementary, but it is surprising how many people ruin their cases in trying to tell their side of the story. Determining fault in an auto accident can be difficult, and in most cases, it should be left to the court. While parties should gather as much info as possible after an accident, they should limit admissions until they’ve spoken to an attorney.
Make a Case Against Negligence
This is easy to say after the fact, but there are ways to defend against allegations of negligence following an auto accident. These claims have four elements, all of which can be argued against.
- A defendant could argue that they owed the plaintiff no duty of care.
- They could say that there was no breach of duty.
- The defendant could claim that a breach did not cause the plaintiff’s injuries.
- The at-fault party could allege that the plaintiff did not suffer damage as the result of an auto accident in Fort Worth.
Consider Other Parties
Even if a person has been negligent or they’ve committed a wrongful act, that does not mean they are the only ones responsible for the auto accident. The legal theories of comparative and contributory negligence apportion responsibility for auto accidents, and they can be used to defend these cases. With comparative negligence, a plaintiff’s ability to make a recovery is limited. On the other hand, contributory negligence completely bars a plaintiff from recovery if their actions contributed to the auto accident in Fort Worth.
Hire an Auto Accident Attorney
Knowing the above defenses is one matter; arguing them successfully is another. If someone is sued for another party’s auto accident injuries, they should consult a local attorney with Davidskohmattorney.com as soon as possible.
