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Some car accidents involve multiple drivers who may be held liable for injuries or damages that result from the accident. In these cases, some of the drivers may be excused from liability if they have a legal defense. Whether you are bringing a claim or being accused of causing the accident, you want to be familiar with some of the common defenses available in this type of case.
In general, the most common defenses to a car accident injury claim involve fault. The accused driver will usually seek to limit their liability for damages by proving the claimant was at fault for the accident. The following are the most common defenses in a car accident to a car accident injury claim:
Comparative Negligence
In states with a version of the comparative negligence rule, every party involved in an accident is assigned a percentage of fault based on the facts of the case. Missouri operates on a pure comparative fault system that requires all parties to take responsibility for the damages they caused in an accident. If the evidence shows that the plaintiff isn’t 100% faultless, the court will deduct their percentage of fault. An experienced jefferson city mo car accident attorney can help claimants file a personal injury claim against the defendant and negotiate for the lowest percentage of fault in the accident.
Contributory Negligence
Traditionally, states let accident victims pursue compensation only if they have no role in causing the accident. However, contributory negligence could result in some harsh results. For example, if a driver who has a minor role in the accident could get no help with medical bills, lost wages, and other damages from the driver mainly responsible for the crash.
Failure to Mitigate Damages
In the majority of jurisdictions, an injury driver has the legal duty not to make their injuries worse. Otherwise, they would get a reduced amount of compensation. Victims of car accidents should not exaggerate their injuries or get involved in activities that could worsen their injuries. Also, they should follow the orders of their treating physician. If they have filed a lawsuit, victims should not rush recovery or rehabilitation as they can be used against them.
