Anticipating and Avoiding Car Crash Defenses
Every year, vehicle collisions kill or seriously injure millions of Americans. TV commercials usually feature friendly adjusters that arrive at accident scenes with open hearts and open checkbooks. But the reality is usually different. Insurance companies, like most other companies, are in business to make a profit. So, after a car accident, they usually hire expensive lawyers to avoid paying claims or settlements.
To avoid paying compensation, auto insurance companies often cite one of the defenses discussed below. So, to obtain the most compensation in the least amount of time, a Carlsbad personal injury lawyer must anticipate and avoid these defenses. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Sudden Emergency
The duty of care, which requires all drivers to avoid accidents if possible, doesn’t apply, at least in part, if a tortfeasor (negligent driver) encounters a sudden emergency. By law, this defense applies if a tortfeasor:
- Reasonably reacts to
- A sudden emergency.
Frequently, insurance company lawyers try to extend this limited defense to fact scenarios it doesn’t cover, such as a jaywalking pedestrian the driver must avoid or a large pothole that causes a loss of control.
Usually, these obstacles are not completely unexpected and therefore not sudden emergencies. Most people see jaywalking pedestrians, even those who “dart out into traffic,” almost every day. Furthermore, almost every street or highway in SoCal has at least one large pothole or uneven spot. Therefore, drivers must anticipate these hazards and be ready to safely avoid them.
Comparative Fault
Contributory negligence, in one form or another, may be the most common car crash legal defense. Sometimes, one driver is entirely at fault for a car crash. Usually, however, both parties were at least partially at fault.
The aforementioned jaywalking pedestrian is a good example. Pedestrians, like drivers, must obey the rules of the road by stopping and looking both ways before crossing with the light in a permanent or virtual sidewalk.
Mostly by using evidence, a Carlsbad personal injury lawyer has two opportunities to blunt the comparative fault defense and prevent it from affecting the amount of compensation the victim receives.
First, the judge must determine that both parties substantially contributed to the wreck. Assume Jane was driving recklessly and Paul, after stopping and looking both ways, crossed the street at a non-intersection. Technically, they were both at fault. But comparatively speaking, Paul’s carelessness was essentially a non-factor.
Second, even if the judge allows the defense, a jury must address the same question. So, the insurance company has both the burden of proof and the burden of persuasion.
We said contributory negligence may limit compensation. In some states, partial fault torpedoes a damage claim. But California is a pure comparative fault state. To stay with the above example, in the unlikely event that the judge allows the defense and the jury concludes that Paul was 99 percent at fault, Jane is still liable for a proportionate share of compensation.
Last Clear Chance
Like sudden emergency, the last clear chance defense excuses negligence and, legal arguments to the contrary notwithstanding, only applies in some cases.
This doctrine often applies in head-on crashes. If Jane recklessly drifted across the center line and collided with Nancy, Nancy probably couldn’t avoid the crash. This doctrine doesn’t apply in wrong-way crashes. If Jane was driving relatively safely but on the wrong side of the road, Nancy had a duty to avoid the wreck.
Connect With a Diligent San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.
Source:
injuryfacts.nsc.org/motor-vehicle/overview/introduction/
