What Are the Most Common Defenses Used in Car Accident Cases?

What started as a typical day can be quickly turned upside-down when you are involved in a car accident. Not only does it interrupt your day, but car accidents don’t end when you leave the scene. From seeking treatment for the injuries you’ve sustained to dealing with insurance companies, the impacts of a car accident can impact you for years to come. However, one thing you can do to prepare yourself for what comes after is to understand the common defenses negligent parties employ to evade responsibility. Keep reading to learn more and discover how a Darlington County, South Carolina auto accident lawyer can help you fight for the justice you deserve.

What Common Defenses Will Negligent Parties Use?

One of the most common defenses that a negligent party will use to try to lessen their fault for an accident is to try to hold you partially responsible for the accident. South Carolina follows a modified comparative negligence ruling, meaning anyone who is found 51% or more responsible for an accident cannot collect damages. As a result, the negligent party will likely try to claim that you were somewhat at fault in order to reduce the damages they must pay.

Similarly, if you do not go to a doctor immediately following the accident, the defense may use this to prove that your injuries were not severe. This also applies to those who go to manual labor jobs or post on social media following an accident. The defense may point to this as proof the accident did not cause loss of enjoyment of life or pain and suffering.

Finally, the defense may claim that you already had a preexisting condition and that the accident did not contribute to this pain. This can be challenging to disprove. Unfortunately, you may be unable to provide indisputable evidence that the injury was sustained during the collision or that the accident made the injury worse. For example, if you had knee pain before the crash from an old sports injury, it would not be challenging to prove that the torn ACL was a result of the collision. However, if you have chronic back pain worsened by the crash, it can be hard to prove that your pain has gotten worse.

Is There Anything I Can Do To Help Improve My Case?

If injured in a collision caused by another driver’s negligence, it’s vital to understand what you can do to improve your chances of receiving the compensation you are entitled to.

The most important step you can take is to call emergency services immediately following a collision. Not only will this allow you to obtain a police report, but it also allows you to receive immediate medical attention. If possible, you should also take as many photos and videos of the scene of the accident as possible, as this can help provide valuable evidence later.

Finally, you’ll want to contact the James Law Office to connect with a competent attorney as soon as possible. Unfortunately, due to the complexities of personal injury cases, trying to navigate this on your own will likely leave you without the compensation you deserve. Instead, you can trust your case with our legal team. Contact us today to learn how we can help you.