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Two Common Personal Injury Defenses

Sometimes, in a car accident, one driver is clearly at fault.  Other times, fault is not such a clear cut issue and the drivers may both accuse one another of causing the accident.  Even if you are certain that an accident was another person’s fault, that person will likely not admit fault so easily, especially in a court of law.  Instead, the other party, with their insurance company and attorney, will likely do everything they can to avoid liability and avoid having to reimburse you for your injuries and other financial losses.  For this reason, it is always imperative that you are represented by an experienced Coweta County auto accident attorney who knows how to counter any defenses the other party tries to assert in court, so that you receive the compensation you deserve.

 

Defenses are the reasons a defendant brings up to show that they should not be found to be at fault in the accident. Two common car accident defenses include:

 

  • They were not negligent.  A defendant is only financially liable if they acted negligently to cause the accident, meaning they had a duty to drive reasonably and safely and they did not meet that duty.  Often, a defendant will try to show that they were driving reasonably and safely when the accident happened and the accident was merely unavoidable or a third party caused it.
  • There was comparative negligence.  This means that the defendant claims that you were also at fault in the accident.  You can only recover in Georgia court if you were less than 50% responsible for the accident.  Therefore, the defendant may admit they were partially at fault, but may claim that you were more than half responsible for the accident in order to avoid liability.

 

These are only two of the common defenses a party may bring up in an auto accident lawsuit.  You should always have an auto accident lawyer on your side that can help you prove knock down these defenses and properly recover for your injuries.  Call the Law Offices of Shane Smith today at (770) 487-8999.


Shane Smith
Advocate for the Seriously Injured in Georgia