Many auto accidents are due to the negligence of one of the involved parties. Negligence can arise from distracted driving, DUI, or a multitude of other factors. Some other auto accident causes are poor visibility, inclement weather, mechanical defects, and traffic signal failure. Below is a brief discussion of some of the defenses that may be used in auto accident cases.
Defenses in Auto Accident Cases
In some situations, more than one party may be responsible for injuries and property damage. A driver may be excused from accident liability if their Auto Accident Defense Attorney in New Iberia LA can successfully apply a defense. Some of the most common defenses include:
* Insufficient proof. If insufficient evidence exists to document liability, or if a negligence element can’t be proven, a driver isn’t liable.
* Emergency. Some auto accident cases result in dropped or reduced charges if the crash took place in an emergency situation.
* Comparative/contributory negligence: Some places do not allow plaintiffs to recover if their actions contributed to their injuries. In other jurisdictions, damages are reduced according to the plaintiff’s share of fault.
* Risk assumption: Lawyers sometimes claim that the other driver was aware of a risk and acted in spite of the danger.
Other defenses like involuntary intoxication may apply, but these defenses are more complex. Consult a defense attorney for help and strategic advice.
Legal Ramifications for Auto Accident Victims
Auto accident cases sometimes bring civil suits for damages. In these cases, the at-fault party is responsible for compensating the victim for their losses, including:
* Hospital and ongoing medical treatment bills
* Property damage
* Other costs
In some instances, an at-fault driver may face criminal penalties, especially if they were intoxicated at the time of the accident.
Hiring an Attorney for Car Accident Defense Help
Auto accident claims usually involve intricate legal theories and multiple facts. A victim or at-fault party may wish to hire an Auto Accident Defense Attorney in New Iberia LA if they need advice and help dealing with an accident claim. A lawyer with chrisrichardattorney.com can offer specific advice and they can inform a client of their options under the state’s laws. Attorneys can provide trial representation if the case progresses to that stage.
