New York City &

What are common defenses used in car accident cases?

Free Consultation
judge defendant court

Unfortunately, car accident victims often sustain serious injuries that negatively affect their lives. In most cases, those injured typically pursue legal action against the negligent party whose careless actions caused the collision to occur to seek monetary compensation for their damages. However, before a victim is awarded financial compensation, they must fulfill the burden of proof and prove the other party’s negligence directly caused their damages. When court proceedings commence, the defendant will have an opportunity to defend themselves. This could dramatically affect your ability to recover compensation for your losses. Continue reading to learn about the potential defenses used in a car accident case and how a trusted Westchester County Auto Accident Lawyer can help you. 

What are the most common defenses used in car accident cases?

In most cases, the defendant will try to claim they were not at fault for the accident. New York is a comparative negligence state. Essentially, this means that victims can still recover monetary compensation for their damages even if they bear some degree of fault. However, a victim’s award will be reduced by their percentage of fault. For instance, if a victim is found 25% at fault for the collision that caused their damages, they can only recover 75% of their damages. The defendant will dispute that they were solely responsible for the collision in an attempt to get a reduced settlement. Moreover, another potential defense a defendant may use is that you contributed to the severity of your injuries by neglecting to receive proper medical care and follow a treatment plan. Following an accident, it is imperative to seek immediate medical treatment and follow medical advice to prevent further damage. A defendant may claim you delayed medical treatment which could hurt your case. Furthermore, there are several defense strategies a defendant may use. However, the steps victims take after a collision can help them prove liability.

What is the statute of limitations in New York?

The statute of limitations in New York for a car accident is three years from the date of the crash or when they discover their injuries. Essentially, victims have three years to file a claim against a negligent party to seek financial compensation for their losses. If a victim misses the legal time limit for filing a claim, they will be barred from ever pursuing legal action in the future. Therefore, they will have forfeited their opportunity to seek compensation for their damages. Unfortunately, the court will not hear the case if the deadline is missed. If the court accepts a victim’s case, the defendant can use the expired statute of limitations to their advantage. Following a car accident, it is critical to retain the legal services of a skilled Westchester County auto accident lawyer who can help ensure a claim is filed within the right time frame.

For more information on potential defenses to help you prepare for what may lie ahead in your car accident case, contact one of our dedicated team members. Our firm is committed to helping our clients fulfill the burden of proof and establish fault to maximize your chances of recovering reasonable compensation for your damages.