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What defenses can the at-fault driver assert in my car accident case that hapend in Los Angeles?

Say you have been involved in a car accident with an at-fault driver. You have suffered several medical injuries, damage to your vehicle, and loss of income. Accordingly, you decide you are going to file a lawsuit against the at-fault driver to seek compensation for the costs associated with your injuries. Now, how do you expect the at-fault driver, or the at-fault driver’s insurance company to react to your law suit? Most of the time, an at-fault driver, or his/her insurance company will try and put up a fight. Essentially, the at-fault driver, or his/her insurance company will try to prove that you are entitled to less money by asserting one or several defenses.

There are many defenses that are used in car accident cases by at-fault drivers and their insurance companies. The at-fault driver’s ability to assert a defense depends on the specific facts of the case. Some examples of defenses in car accident cases are:
Comparative Negligence
• The other driver involved in the car accident may argue that you were partially at fault for the car accident, and therefore you should be entitled to a smaller recovery.
• For more information about how comparative negligence works click here.
Assumption of Risk
• An at-fault driver may try and argue that you voluntarily exposed yourself to the risk of the car accident because of your awareness of the known danger.
• This defense is not usually successful in car accident cases, unless the other driver can prove that you intentionally acted knowing the danger involved.
• An example of when this defense could apply, would be if you knowingly and intentionally drove through a red light.
Delays In Seeking Medical Treatment
• If you fail to seek medical care for your injuries soon after the car accident, at-fault drivers and their insurance companies can make the argument that you were not really hurt as badly as you claim.
Pre-existing Injury
• Often, an at-fault driver or his/her insurance company will argue that your claimed injuries occurred in the past. In essence, this argument attempts to show that the cause of your injuries was not the car accident at all, but instead resulted from a past condition you experienced.
• To defeat this argument, an experienced car accident lawyer will argue that your pre-existing injuries are different to the injuries you are now claiming; or that your pre-existing medical conditions were aggravated by the car accident.

The experienced and friendly Los Angeles car accident lawyers at California Attorney Group have dealt with hundreds of car accident cases. We know how to aggressively fight for your legal rights, and will employ our network of experts and medical professionals to aid you in getting the best settlement offer you may be entitled to for your injuries. If you have any questions about your car accident, or specifically regarding the defenses an at-fault driver may assert, please contact us toll free at 1-800-337-8547., and we will be happy to discuss your case with your in detail.