In this article, an experienced Pasadena car accident lawyer discusses the types of defenses usually seen when a car accident case goes to trial.
Your Pasadena Car Accident Lawyer Can Identify Three Major Defense Themes
While a defendant may choose from any number of possible bases from which to launch a defense, there are a few primary themes that arise. These center around shifting blame for the wreck to either you or some other cause. The defendant may also challenge the severity or cause of your injuries.
You Caused The Wreck
Pointing an accusatory finger at you with the assertion that you were at least partly responsible for what happened is a familiar tactic. If even part of the blame can be shifted towards you, the defendant’s case is strengthened and yours is weakened. The usual forms of this include saying that you did nothing to avoid the collision, that you were driving carelessly or too fast, or that you committed some other form of negligence. Perhaps from the defendant’s point of view you stopped suddenly, failed to signal a turn or slowed your vehicle without warning. Any of these could be used to indicate fault on your part.
The opposition may claim that there was a cause for the collision that was unrelated to your driving or the defendant’s. Perhaps there were adverse weather conditions, or the surface of the road was wet, icy, poorly maintained or to blame in some other way. Perhaps the city, county or state government had not installed the appropriate safety devices, such as railings, signs, or traffic lights. Perhaps the fault lay with the car the defendant was driving, such as a brake or steering failure, that rendered the vehicle uncontrollable despite the defendant’s best efforts. Perhaps the defendant was suddenly taken ill or experienced some other type of emergency while driving the vehicle. Finally, the defendant may claim that the accident was triggered by another motorist, bicyclist, pedestrian, or something else that made the collision unavoidable.
Questioning Your Injuries
Casting doubt about the extent or origin of your injuries is another premise upon which the opposition may base a defense. If the defendant charges that your injuries were less serious that you have claimed, or that you were already hurt before the accident took place, he could attempt to weaken your case.
You Have An Ally
Your Pasadena car accident attorney is here to help you. If you need legal counsel, advice or guidance, contact The Paul S. Norris Law Firm by calling (626) 993-4415 today.