When you are involved in a car accident, you may think the case of the collision was the other driver’s evident negligence. However, their insurance will utilize several common defenses to help prove their client was not responsible for the crash. Understanding these can help you better prepare for your case. Continue reading to learn how insurance companies and lawyers defend their clients and how motor vehicle accident attorneys can help fight for the justice you deserve.
What are common defenses the defendant may use?
When you are filing a lawsuit against a driver who caused a collision may seem cut and dry, but their defense team will work hard to prevent them from liability. Defendants will use common defenses to prove they are not liable.
One of the most common methods is to prove contributory negligence. Pennsylvania follows the modified 51% rule, meaning if you are found 51% or more responsible for the incident, you are ineligible to receive compensation. As a result, the defendant will do everything possible to find you liable so they do not have to compensate you.
Another method a defendant will use is to use the fact that you did not immediately seek medical care. The defense will use this fact as proof that your injuries must not be as severe as you claim they are since you delayed medical treatment. On a similar note, they will also point to social media posts after the incident. If there are photos of you smiling with friends or going to concerts, they will likely claim the injuries are not that severe.
Finally, the defense will also try to point to any pre-existing conditions. For example, if you have a back injury that you sustained doing yard work two years before the collision, the defense will likely try to claim that the accident did not cause new injuries, especially if the symptoms you’re experiencing are the same as the symptoms you endured before the accident. However, you may be able to still recover damages if you can prove the collision worsened the pre-existing condition. For example, if your range of motion is now limited due to the crash, you may still be able to recover damages.
What can I do to help my case?
If you’re involved in a collision, knowing how to proceed is essential. One of the most helpful things you should do is seek medical attention immediately. Calling emergency services can help you receive immediate medical treatment. However, if your injuries are not life-threatening, you may be able to wait until you can see your primary care provider. It’s vital to establish medical care as close to the date of the accident as possible.
You should also avoid posting on social media until your lawsuit is over. This also includes asking your friends to avoid posting photos with or of you. Even if the picture is not on your profile or you are not tagged, it is still possible for the defense to find and use these photos against you.
Finally, the most essential thing you must do to help your case is to contact an experienced personal injury attorney from Friedman Schuman. Our dedicated legal team will do everything possible to fight for the justice you are entitled to. Contact us today to learn more about how we can help you.