What Are Common Defenses in Car Accident Cases?

car accident lawyer

If you’re injured in a car accident, you’re going to want to make sure the other driver is held accountable. Ideally, their insurance carrier will pay your claim. However, if they don’t, your Atlanta car accident attorney will have to file suit. Once this happens, the defendant will file a response stating that they aren’t responsible for your injuries.

In this blog, we’ll discuss five of the most common defenses in car accident cases. We’ll also explain what your car accident lawyer can do to challenge these defenses.

1. Denying Responsibility for the Car Accident 

One common defense is that something outside the other driver’s control, like bad weather, caused the accident or that you were the one to blame.

What your Atlanta accident lawyer will have to do is prove that the other driver was at fault. This means they’ll have to show that the driver was negligent and that their reckless or careless behavior caused the crash. Your attorney will work to gather sufficient evidence to prove your claims.

2. Placing Blame for the Crash on You

The other driver’s insurance company may point the finger at you as a way to negotiate a lower settlement.

The other party doesn’t have to prove that you were totally at fault. Under Georgia law, if a plaintiff is partly at fault for their accident, their damages will be reduced by their percentage of fault.

Our attorneys will stand up to the insurance company and fight for the full payment you deserve.

3. Claiming That You Failed to Mitigate Damages

When you sue the other driver, you’ll have to list your damages. The understanding is that you did everything you could to mitigate these damages. In a nutshell, this means that you must take reasonable steps to prevent your injuries from getting worse.

If the defendant can show that you didn’t seek medical attention after the crash, they may have a solid defense. Now, this doesn’t mean you won’t recover damages. It means that your damages may be reduced since you failed to mitigate them.

Your car accident lawyer in Atlanta will have to demonstrate that you did mitigate damages. They can do this using the following:

  • Medical records showing that you went to the emergency room immediately after the accident
  • Testimony from the EMT or police officers that you did seek medical treatment right away
  • Proof that you completed your recommended treatment including physical therapy if needed
  • Documentation that you tried to return to work but were not medically cleared to perform your job duties

Even if the insurance company proves that you didn’t totally mitigate damages, there’s still a good chance you’ll receive compensation.

after a car crash you will need an experienced lawyer

4. Downplaying Your Injuries

If you seek medical care right away after your car accident, it will be hard for the defendant to claim you weren’t hurt. They may argue that your injuries weren’t as bad as you said they were.

Your Atlanta accident attorney will gather whatever evidence is available to prove the extent of your injuries. This may include, but is not limited to the following:

  • Medical records showing the results of diagnostic tests
  • The diagnoses and prognoses provided to your health insurance company
  • Testimony or affidavits from your doctors, chiropractors, and other providers
  • Your own testimony about your injuries and treatment

It can be frustrating to have someone question your integrity when it comes to your physical injuries. Just know that your attorney is in your corner and will fight to make sure you get compensation for your injuries.

5. The Statute of Limitations Expired

Regardless of the strength of your case, you must file your claim on time. Georgia’s statute of limitations dictates that you must file legal action within two years of the date of your accident.

If you miss this deadline by even one day, the defendant can file a motion to dismiss your case. The court will have no choice but to grant their request.

This is just another reason why you need an experienced car accident lawyer in Atlanta fighting in your corner. They’ll ensure that your claim is filed on time.

We Will Fight to Win the Compensation You Deserve

If you’re in a car accident and sue the other driver, the insurance company isn’t going to just agree to pay your claim. They’ll likely raise one of the defenses discussed here. You’re going to want an experienced Atlanta car accident attorney by your side to overcome these defenses.

We suggest you contact our office at 770-HELP-NOW so you can schedule your free case review. Take advantage of the chance to talk with a seasoned lawyer who can help you get the compensation you deserve.

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