When you are involved in an accident, you may think it is abundantly clear that the other party is liable. However, it’s important to note that they will likely do everything possible to prove their innocence. Understanding what car accident defenses the defendant will likely use can help you better prepare for the subsequent legal battle. The following blog explores the arguments you can expect and discusses how a Houston auto accident lawyer can help you if injured.
What Car Accident Defenses Will a Liable Party Use?
Generally, when someone is at-fault for an accident, they will do everything possible to try to prove otherwise.
In most cases, if they know they cannot evade liability, they will claim that the injured party played a role in the collision. This is known as contributory negligence. Texas follows a 51% modified comparative negligence statute, meaning if a person is found 51% or more responsible for a collision, they are prohibited from collecting damages, and other compensation will be reduced by their percentage of fault. For example, if an injured party is found 10% responsible but is awarded $100,000 for their injuries, the award will be reduced by 10%. Often, the negligent party responsible for an accident will try to prove that the injured party played a role to decrease the damages they must pay.
Also, the defendant may claim an injured party did nothing to mitigate damages. What this means is that as an injured person, you must do everything within reason to limit the harm you’ve faced as the result of another person’s actions. If you do not take the necessary steps, you may be unable to collect compensation for your injuries since you did nothing to reduce the harm you’ve endured.
Is There Anything I Can Do to Help My Case?
The most important thing you can do immediately following a collision is to contact emergency services. This places a police presence at the scene, allowing officers to create an accident report. You should request a copy of this report, as it can provide valuable evidence later.
Contacting emergency services also allows you to seek immediate medical treatment for injuries sustained in the accident. It is vital to receive attention for wounds or pain, even if they do not seem severe. This establishes care, so it can’t be said that you did not mitigate damages by failing to seek medical care.
Once you have received medical attention, you must contact the Gonzalez Law Group as soon as possible. Our dedicated personal injury team will examine the details of your case to fight for the compensation you deserve. We will do everything possible to hold the negligent party responsible for the damages they caused you. Reach out today to connect with a competent attorney.