5 Defenses the Liable Party Could Use After Your Car Accident | Crowell Law Offices
5 Defenses the Liable Party Could Use After Your Car Accident

23 Sep 5 Defenses the Liable Party Could Use After Your Car Accident

After being seriously injured in a car accident in Sacramento, California, you may have to go to court to obtain maximum compensation for your suffering. As if that isn’t overwhelming enough, you are also likely worried about how the liable party is going to try to get out of being found responsible for your injuries. 

With that in mind, we have provided information about the top 5 defenses the liable party could use after your car accident so you can better prepare for what’s to come.

1. Comparative Negligence 

The easiest way the person responsible for causing your accident can get out of fully compensating you is by arguing that you are partly liable for causing the accident. However, California is a pure comparative fault state, so even if you are partially responsible for the accident, you can still be awarded compensation. 

It is important to note that the amount of your award will be reduced in proportion to your portion of shared fault. For example, if you are found to be ten percent liable, your award will then be reduced by ten percent. This would mean that the liable party doesn’t have to compensate you for that percentage, making it a commonly used defense in car accident claims.

2. Lack of Injuries

In order for your claim to be successful, we will need to prove that the accident has had a significant impact on your life. In many car accident claims, this is because of severe, even life-threatening injuries. 

But just because you didn’t have traumatic brain damage doesn’t mean your life hasn’t been disrupted by the accident. Maybe you are suffering from post-traumatic stress disorder (PTSD), for example. Remember, your Sacramento lawyer wouldn’t have taken on your case if they didn’t believe you were entitled to compensation for your suffering.

3. The Statute of Limitations

The statute of limitations for personal injury claims in California is two years. If your claim is not filed before the two-year statute of limitations has expired, the liable party can simply file a motion to dismiss the case and the judge will have little choice but to grant their motion. 

Fortunately, when you have a Sacramento car accident lawyer on your side, you can rest easier knowing these details will not be overlooked. 

4. Exaggerated Injuries

You have the right to be fully compensated for every loss you have endured, and while it’s important to be thorough when calculating the value of your claim, it’s equally as important that the losses aren’t exaggerated in any way. Doing so could hurt your case and give the liable party a plausible reason to defend themselves in court. 

5. Blaming Someone Else

It is not uncommon for the liable party to cast blame elsewhere for the cause of the accident. Your lawyer will carefully investigate and gather the evidence needed to support your California case. This way, the evidence shows based on a preponderance of the evidence that the accused liable party is, in fact, responsible for causing the accident you were involved in and your resulting injuries. 

Reach Out to a Car Accident Lawyer in Sacramento

You don’t have to go through the car accident claims process alone. A respected Sacramento car accident lawyer at Crowell Law Offices can help you get through this difficult time in your life. Give our office a call at 916-303-2800 or complete the quick contact form below to schedule your free, no-obligation consultation.