If you are involved in an accident, it may seem pretty straightforward. The other party ran a stop sign, was speeding, or texting, rendering them liable for the accident. However, in very few instances will one party assume full responsibility for a collision, emphasizing the importance of connecting with an Orlando car accident lawyer to help protect you if you’ve been injured. As such, familiarizing yourself with the most common car accident defenses defendants use in these matters is critical. Keep reading to learn more about these matters and the steps you can take to help protect your case.
What Car Accident Defenses Might the Negligent Party Use?
When you are involved in a collision, even one that seems straightforward, the other party will likely do everything in their power to avoid or reduce their liability in the accident. As such, they will make claims regarding the collision to defend themselves. The following are some of the most common defenses that a negligent party may use to minimize their responsibility for the collision:
- You knew or should have known the potential risks but proceeded anyway
- You missed the statute of limitations, which in Florida, is two years
- You exaggerated the severity of your injuries
- You failed to mitigate the damages you’ve endured as a result of your accident, such as failing to see a doctor
However, one of the most common defenses is that you will have contributed to the accident as well. In Florida, car accident claims are determined by comparative negligence. To recover compensation for the collision, you’ll need to prove that you were less than 50% liable than the other party. As such, they will likely claim that you contributed heavily to the accident, thus making you just as responsible for the collision.
What Evidence Can I Gather to Protect My Claim?
If you’ve been injured in a car accident in Florida, understanding the steps you can take to protect yourself in the days and weeks following the collision is critical. Generally, the most important thing you can do in these matters is seek medical treatment. If you fail to do so in a timely manner, not only can it make any injuries you’ve sustained worse, but the defense can use it as a means to drastically reduce your compensation.
Another step to take is gathering photos and videos from the scene of the accident. This can help establish how the collision occurred. You should take photos of the position of the vehicles on the road, the damage to both vehicles, any injuries you’ve sustained, and any other factors that may impact the outcome of the investigation. In addition, you should speak with witnesses who may have seen the collision occur and who can speak to what happened.
When you are hurt in a collision, it can be incredibly frustrating to find that the other party is trying to blame you for their negligence. As such, it’s important to understand the importance of connecting with an experienced attorney as soon as possible. At Tropical Injury Law Firm, our team will examine the circumstances of your case to determine the best course of action for your situation. Connect with us today to learn how we can help you in the fight for justice.
