Typical Defenses in Car Accidents Explained by a Tacoma Car Accident Attorney

Monday, April 27th, 2015

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tacoma car accident attorneyIf you or someone you know was injured in a car accident, a Tacoma car accident attorney wants you to beware of how the defense will claim they are not responsible. In a car accident case, there are a number of ways a defendant may respond to the claim. You may believe you are in the right, and that might be absolutely true, but that won’t stop the other side from trying to win the case. A Tacoma car accident lawyer advises that the following are typical examples of how the defense will proceed:

  • The accident was your fault, either completely or partly
  • The accident was the fault of a third party
  • You were not injured in the accident

The Accident Was Your Fault

The most common defense is to claim that you were actually at fault. A Tacoma car accident attorney knows this technique, which is called contributory or comparative negligence. The defendant may claim you were speeding or violating another traffic law, or that you could have taken action to prevent the accident, like swerve your car away in time.

The Accident Was the Fault of a Third Party

The defendant may claim one of the following as an excuse:

  • The road was unsafe, and the city or state is negligent in repair or maintenance
  • The manufacturer of the vehicle did not fix an unsafe aspect of that vehicle
  • There was a third driver at fault

You Were Not Injured in the Accident

The defendant may challenge your injury, claiming one of the following:

  • You were injured prior to your accident
  • You are exaggerating your injury

Other Factors

The defense attorney will look for certain types of facts that will help their case. They include the following:

  • Sudden stopping of vehicle
  • Mechanical failure or defect
  • Sudden illness or emergency
  • Unavoidable accident

Contact a Tacoma Car Accident Attorney

For more information on how a defense attorney will try to beat your claim in a car accident, contact a Tacoma car accident attorney at Greene & Lloyd, PLLC by calling (253) 770-0808.


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