What defenses are most commonly used in car accident cases in California?


In California, if you are injured in a car accident as a result of another party’s negligence, you are legally entitled to file a claim against that party to seek monetary compensation for your damages. However, before you can recover any compensation for your economic and non-economic damages, you must fulfill the burden of proof. Essentially, you must prove the other party’s liability. When your case is brought to court, you will have an opportunity to show evidence of the other party’s fault. Just as you have an opportunity to prove the other party’s fault, the negligent motorist has an opportunity to defend themselves against your claim. In car accident cases, defendants use different defense strategies to dispute victims’ claims. It is crucial to understand the most common defenses used in car accident cases to ensure you are prepared for whatever arguments are thrown your way as some defenses could affect your ability to recover compensation for your losses. Continue to follow along to learn about the potential defenses a defendant may use and how our skilled Santa Clara County Car Accident Attorneys can help you seek reasonable compensation for your losses.

What are some defenses used in car accident cases in California?

In a car accident case, there are several defenses a defendant will you to counter your claims. In most cases, there will be a liability dispute where the defendant claims they were not responsible for the accident. Depending on whether your state follows a contributory negligence or comparative negligence system, your degree of fault can affect the amount you can recover for your damages. California is a pure comparative negligence state. This means regardless of whether you were partially at fault for an accident you can still recover monetary compensation for your damages. In California, even if you are assigned 99% fault for the accident, you can still recover 1% of your losses. Moreover, a negligent motorist may claim that you contributed to the severity of your injuries by failing to comply with a doctor’s order or failing to receive medical care after the collision. Even if your injuries seem minor, it is important to receive proper medical treatment. If you do not comply with a treatment plan, the defense can argue that the extent and severity of your injuries resulted from neglecting to follow medical advice. Additionally, in some cases, the defendant may argue that the plaintiff had a pre-existing medical condition at the time of the accident. When pursuing legal action against a negligent party, it is imperative to know common defense strategies to help build a strong case.

For more information on car accident cases, please contact an adept Santa Clara County car accident attorney. Our firm is committed to helping our clients establish liability to get the justice they deserve.