This article will discuss a very important and rarely addressed topic: the common defenses that a person who has caused a vehicle accident might present. We clarify that these defenses do not automatically exempt one from liability, but they are factors considered when determining fault and responsibility in an accident.
The time frame to file a lawsuit for a vehicle accident is two years. If the accident occurred more than two years ago, the responsible party could claim that the time to file the lawsuit has passed. However, there are exceptions, such as when the victim is in a coma, which could extend this period. Only a lawyer can determine how these elements affect your case.
In some cases, the responsible party may argue that the victim assumed certain risks. For example, if the accident occurred under adverse weather conditions, such as a hurricane, it could be argued that the victim assumed the risk by driving in those conditions. It is essential to evaluate the specific circumstances of the accident to determine if this defense is valid.
There is the concept of contributory negligence, where the accident victim may bear some of the fault. For example, if the victim’s vehicle’s tail lights were not working correctly, the responsible driver could argue that they could not see when the victim braked. This type of defense seeks to transfer part of the responsibility to the victim, but evidence and proof are fundamental in determining the validity of this claim.
It is crucial to have a trusted and experienced personal injury lawyer to guide you through these legal complexities. If you have been involved in a vehicle accident and need advice, do not hesitate to contact us at 205-506-2129. You can also reach us through our platforms on Facebook or YouTube, or on our website at Abogados Centro Legal to schedule your consultation.
