Defenses to a Car Accident Injury Claim in Brooklyn

Car accidents can turn your life upside down in an instant. While you’re focused on recovering from injuries, mounting medical bills, and lost wages, the at-fault driver’s insurance company is working to minimize their financial responsibility. They have teams of lawyers and adjusters whose primary goal is to protect their bottom line, even if it means minimizing or denying legitimate claims. Understanding common defenses employed by insurance companies and seeking assistance from a local car accident attorney are essential for protecting your rights and obtaining fair compensation.

Act of God: An Unforeseeable Event

One defense occasionally used by insurance companies is the “Act of God” defense. This argument claims that the accident was caused by an extraordinary natural event that was unforeseeable and unavoidable, such as a sudden and severe storm, flooding, or an earthquake. While this defense is valid in some cases, experienced attorneys will scrutinize the circumstances to determine if the driver’s actions or negligence played a contributing role in the accident.

Last Clear Chance Doctrine

The Last Clear Chance doctrine applies in situations where both parties involved in an accident were negligent to some degree. This doctrine states that if one party had the last clear chance to avoid the accident but failed to do so, they may be held liable for the resulting damages. This can be a complex legal concept, and having an experienced car accident attorney on your side is crucial for determining if it applies to your case.

Assumption of Risk: Knowing the Dangers

Insurance companies may attempt to argue that you assumed the risk of injury when you got behind the wheel or engaged in certain activities leading up to the accident. For example, if you were injured while driving in hazardous weather conditions, they might claim you assumed the risk of an accident. An experienced attorney can challenge this defense by demonstrating that the other driver’s negligence, rather than inherent risks, was the primary cause of the accident.

The Importance of Early Legal Intervention

Time is of the essence in car accident cases. Evidence can disappear, memories can fade, and witness accounts can become less reliable as time passes. The sooner you consult with a local car accident attorney, the better equipped they’ll be to preserve evidence, interview witnesses, and build a strong case on your behalf.

Don’t Face the Insurance Company Alone

Navigating the legal complexities of a car accident claim can be challenging, especially while dealing with injuries and emotional distress. Local car accident attorneys in Brooklyn understand the tactics employed by insurance companies and have the experience and resources to fight for your rights. They’ll handle all communication, gather evidence, and advocate for your best interests every step of the way.