Car accident defenses in California can help defendants avoid liability for an accident victim’s injuries or reduce the compensation they owe them after a wreck. If you suffered injuries in a car crash someone else caused, an experienced personal injury lawyer can develop strategies to counter defenses that might otherwise put your financial recovery at risk.
What Are Common Car Accident Defenses in California?
Here are some of the most common defenses that at-fault drivers pursue to minimize or avoid liability for a car accident in California.
Pure Comparative Fault in California
California follows a pure comparative negligence rule in auto accident cases involving shared fault. Under this law, an injured person can still recover compensation even if they are partly — or even mostly — responsible for the crash. A judge or jury determines each party’s percentage of fault, and any compensation awarded will be reduced by that amount. For instance, if you are found 30 percent at fault, your compensation will be reduced by 30 percent.
In California, you can still recover compensation even if you are one percent at fault for a collision. However, insurance companies often work aggressively to shift as much blame as possible onto the injured party. If they convince the court that you bear full responsibility, your compensation could be reduced or denied entirely. A knowledgeable California car accident attorney can gather strong evidence to counter their defenses and preserve your right to compensation.
Seat Belt Defense
California law requires all occupants of passenger cars to wear seat belts. In some car accident cases, an at-fault driver may try to reduce their share of liability by arguing the injured party wasn’t wearing a seat belt at the time of the crash. If they can show that the victim failed to buckle up — and that this failure contributed to the severity of their injuries — the court may reduce the compensation awarded. In other words, the driver may claim that the injuries could have been avoided or lessened if the victim had complied with the seat belt law.
Statute of Limitations
Under California law, car accident victims generally have two years from the date of a crash to file a personal injury claim. If you file after the statute of limitations expires, the defendant can argue that your claim is time-barred, and the court may dismiss your case entirely.
Failure to Mitigate Damages
In a car accident claim, the defendant may try to reduce their financial liability by arguing that the victim failed to mitigate their damages by not seeking prompt medical attention after the crash. This defense claims that the victim’s delay in treatment allowed their injuries to worsen, resulting in more intensive and costly medical care than would have been necessary otherwise.
How Can a Car Accident Lawyer Challenge the Defense’s Arguments?
Maximizing your compensation after a car accident means presenting compelling evidence of the other party’s liability. Recovering the evidence you need for a persuasive case could be challenging without the help of a skilled car accident attorney. For example, an ordinary citizen cannot access another party’s cell phone records after a distracted driving accident. However, a personal injury attorney can subpoena those records to support your claim against the distracted driver.
Additionally, injury attorneys are skilled negotiators who can spot unfair defense tactics and shut them down. They can build solid cases, challenge bad-faith strategies, and fight aggressively for the full compensation you deserve.
Contact a California Car Accident Lawyer
If you sustained injuries in a California crash and another party is at fault, don’t let the insurance provider push you around. Let an experienced car accident attorney from Demas Law Group stand up for you. Contact us today for a free consultation.
