Establishing a defense is the a crucial part of a car accident case if you are the one being charged for it or else, you may be forced to pay for damages which include hospitalization and medications, lost salary wages, psychological and physical harm, and the like. As the defendant, you are bound to prove that it’s not your fault most especially if the evidences pointing at you are very strong. There may be different defenses that you can establish to move away from liability or perhaps lessen it.
It is therefore important that you look for an excellent lawyer. If you had car accident in San Diego and you are facing a lawsuit, the first thing you need to do is look for a San Diego car accident attorney. The lawyer may be able to establish a defense to protect you from damages.
Talking about defense, here are some assertions that you can use when faced with car accident lawsuit:
1. Defense of NO negligence
The number one thing the plaintiff or complainant has to prove is negligence on your part. You can always assert that the incident was pure accident- that means, there is no negligence that took place. You have to show that you just did a reasonable thing and that the situation has become imminent that there is no way to escape danger.
2. Throwing back the negligence to the plaintiff
The next kind of defense would be to prove that the plaintiff is the one who’s at fault and not you or the other party has also been negligent. In the latter’s case, you can be sued if you contribute to the negligence and that could be a 50-50 liability suit. That means you would have to pay but only a portion of damages which is equal to your responsibility.
3. Lack of evidence
This is true even with criminal offenses.Â The plaintiff has the burden of proof in this case because legally speaking- there is always a presumption of innocence on the part of the defendant.Â The plaintiff must be able to produce preponderance of evidence for you to be penalized.Â Without sufficient proof, you are not bound to indemnify the plaintiff for any civil liability.
4. Proving that injuries are not able to be compensated for.
There are cases wherein complainants exaggerate their injuries or patch up another version of an accident too far from what really happened just to get bigger claim for damages. If you may be able to prove that the plaintiff has no reasonable cause for action.