If you are, unfortunately, involved in a car accident, the other driver may try to immediately place the blame on you. They may even go as far as filing a personal injury claim against you. This is not fair to do, especially if you believe that the accident was due to no fault of your own. Read on to discover what defense you can use and how a seasoned Washington, D.C. car accident lawyer at Simeone & Miller, LLP can help you build a strong legal strategy.
What is a possible defense I can use for my car accident?
First of all, Washington, D.C. is one of the few places in the United States that follows contributory negligence law. That is, contributory negligence means that if the plaintiff of a personal injury claim contributed to your car accident in any way, then they are not entitled to receive any financial compensation from you, the defendant.
And so, a pivotal defense that you can use in your case is that the other driver had a hand in the accident. You can prove this by presenting any of the following pieces of evidence:
- A copy of the official accident report conducted at the scene by a law enforcement officer.
- Testimonies made by witnesses present at the scene of the accident.
- Security camera footage capturing the events of your accident.
- Photos and videos of your injuries, car damages, and the overall scene of the accident.
- Medical documents and bills stating the severity and cost of your injuries.
On the other hand, you may even take the defense that no driver was to blame for your accident. Meaning, you may state that there was severe inclement weather at the time of your accident that significantly reduced the visibility of all drivers involved. Or, you may state that there was a hazardous road condition that caused you or another driver to instinctively swerve out of the way.
What other defenses can I use?
If you cannot use the contributory negligence defense, you may be able to argue that the other driver failed to see a doctor or follow and treatment plan. This will point to the possibility that the other driver is exaggerating their injuries and damages. Or, you may argue that the statute of limitations has expired. In Washington D.C., this deadline is generally three years from the date of your personal injury accident.
In the end, the possible defenses that you can take depend on the circumstances surrounding your case. This is why we recommend that you retain the services of a competent Washington, D.C. auto accident lawyer. We will know exactly what argument you should make to avoid payment. So, pick up the phone and schedule your free initial consultation with Simeone & Miller, LLP today.