When someone is injured as a result of someone else’s negligence, that person can and should be held accountable for the victim’s losses. This may be a rather simple thing in some cases. For example, if a drunk vehicle slammed into a person on the sidewalk, it would be clear that the victim had done nothing wrong and that the drunk driver was solely to blame.
However, in some situations, mounting a defense against allegations of carelessness may be viable in order to prevent or at least reduce culpability for the victims’ damages. This can lead to the actual victim being accused of being at least partially responsible for their own injuries. Keep reading to learn what types of negligence claims can be made and how a car accident victim can fight back. Contact The Law Offices of Larry H. Parker at 800-333-0000 if you require the help of a personal injury attorney.
Attempting to show the victim was careless
California is a state that operates on the basis of comparative negligence. This means that more than one party might be judged responsible in connection with an accident and held accountable for damages based on the percentage of blame they carry. A person who was jaywalking when they were hit by a speeding automobile is an example of two parties being irresponsible.
In this situation, the wounded pedestrian can still sue the motorist for damages, but they will not be compensated in full because they were also negligent. Instead, if they were held responsible for 20% of the disaster, they would only be compensated for 80% of their losses.
Trying to show that the victim knew they were taking a chance
Another typical defense to negligence in a personal injury case is assumption of risk. When a person is injured as a result of actively participating in activities that they knew were dangerous, they are not entitled to compensation. An ATV rider who was flung from their vehicle on a path, or a dog groomer who was bitten by a client’s pet, are two examples.
Government entities are frequently shielded from liability for injuries caused by government personnel in the course of their employment and/or on government property. While this is frequently used as a defense against charges of government carelessness, there are exceptions, and a personal injury action against the government may still be successful.
If you’ve been hurt in an accident and one or more of the following defense methods is being utilized against you, you should contact a personal injury lawyer right away. At The Law Offices of Larry H. Parker, we can assist you in exercising your legal claim to compensation and ensuring that you obtain all of the damages to which you are due. For a no-obligation consultation, call 800-333-0000.