Los Angeles Auto Accidents: Defenses for At Fault Drivers
Once you have found yourself the victim of a Los Angeles car accident, there are a number of issues you are going to have to deal with, from handling and treating your medical injuries, assessing and repairing your vehicle’s property damage, and in more serious accidents, account for a loss of income due to your inability to go to work for a period of time. Even if it is absolutely clear that another driver was at fault for all of the personal injury, property damage and loss of income you have suffered, the opposing party is likely to raise defenses against you should you choose to file a claim for damages. In order to know how to address these defenses, you should be aware of what defenses are likely to be raised.
One of the defenses that may be asserted by the at fault driver is one of comparative negligence, essentially arguing that you were partially at fault for the accident as well. In these cases the jury will determine whether or not you were at fault at all, and if you were, what your percentage of fault was, thereby minimizing the amount of damages you will be given. Another argument that is sometimes given is one of assumption of the risk. This defense purports that there was a known danger which you actively engaged in, and therefore, you should not receive compensation since you “assumed the risk” by getting behind the wheel. This particular defense is flimsy and will very rarely hold up in a Court of law. Sometimes defenses will be raised with regard to treatment of medical injuries, and the severity of the injuries sustained. If, for example, you have delayed treatment of your medical injuries, or if you had a preexisting injury prior to the accident, the defense will argue that you should not receive compensation for letting the injuries get worse, or for injuries that already existed.
Los Angeles auto accident cases are always tricky, complex, and ridden with potential legal pitfalls. Fortunately the exceptional personal injury attorneys and accident attorneys from the California Attorney Group have years of experience and training, dealing with Los Angeles car accident cases every day. No matter what defenses are raised by the at fault driver in your auto accident claim, our LA personal injury lawyers know how to address the defenses and present the best legal arguments, negotiation strategies, and counsel to ensure you receive the most favorable amount of compensation possible under your particular circumstances. For a free consultation to discuss all options, and examine the details of your auto accident claim, contact us toll free today at (866) 650-0505 begin_of_the_skype_highlighting (866) 650-0505 end_of_the_skype_highlighting.
