Common Legal Defenses in Car Accident Cases: What You Should Know

Common Legal Defenses in Car Accident Cases: What You Should Know

• Apr 24, 2025
• Admin

Car accidents can be overwhelming, especially when it comes to determining who is at fault. While many car accident cases lead to a resolution, defendants often use legal defenses to avoid or minimize responsibility. If you’re filing a claim, it’s important to understand these defenses so you can work with a skilled car crash lawyer Spokane to protect your rights.

Comparative or Contributory Negligence

One of the most common defenses in car accident cases is comparative negligence. This means the defendant argues that you, the plaintiff, were partly or fully at fault for the accident. For example, if you were speeding or distracted, the defendant might say you played a role in causing the crash. In these cases, your compensation could be reduced by the percentage of fault assigned to you.

In Washington, which follows comparative negligence, you may still get compensation, but it will be reduced according to how much fault is assigned to you. If you’re in this situation, a car accident lawyer can help ensure that the blame is properly placed and fight to get you fair compensation.

Assumption of Risk

“Assumption of risk” is another defense where the defendant argues that you knowingly put yourself in a dangerous situation. For instance, if you were driving while under the influence of alcohol or were involved in illegal street racing, the defendant may claim you accepted the risk of an accident.

This defense doesn’t apply to every situation, but if the defendant uses it, a car crash lawyer in Spokane can challenge it by showing that you weren’t fully aware of the risks or that they weren’t the main cause of the crash.

Sudden Emergency Doctrine

The sudden emergency doctrine is a defense used when the defendant claims they had to make a quick decision due to an unexpected situation. For example, if another driver suddenly swerved into their lane, they might argue they had no choice but to react quickly, which led to the accident.

However, just because the defendant says they were reacting to an emergency doesn’t mean they’re off the hook. A car accident lawyer in Spokane can argue that the situation wasn’t as urgent as the defendant claims, or that their reaction was reckless.

No Fault Insurance Defense

In some states with no-fault insurance laws, if you’re injured in a car accident, you’ll file a claim with your own insurance company, no matter who caused the crash. But in states like Washington, which allow you to file a wrongful injury lawsuit in cases of severe injury, you may still be able to pursue a claim against the at-fault driver’s insurance.

This doesn’t always eliminate liability for the other party, but it may complicate things. Working with a car accident lawyer helps you understand your rights and ensure you get the compensation you deserve.

Lack of Evidence

Sometimes, a defendant may argue that there’s not enough evidence to prove fault. If there are no eyewitnesses, video footage, or clear physical evidence, they might claim there’s no proof they were responsible for the accident.

In these cases, a car crash lawyer will work hard to gather evidence, such as surveillance footage or expert opinions, to strengthen your case and challenge the defendant’s claims.

The Role of Insurance in Car Accident Cases

Insurance plays a crucial role in car accident cases, both for the victims and the at-fault parties. After an accident, the injured party often turns to the at-fault driver’s insurance to cover medical bills, property damage, and other related expenses. However, insurance companies typically aim to minimize payouts, which can lead to disputes over the amount of compensation offered.

For the victim, it’s important to understand the types of coverage available, such as liability, collision, and uninsured motorist coverage. These can affect how damages are paid out and may determine whether the victim can recover costs if the at-fault driver is underinsured or doesn’t have enough coverage.

On the other hand, insurance companies might use various defenses, such as questioning the extent of injuries or claiming that the victim shared fault, to reduce their liability. Consulting with an car accident lawyer Spokane can help ensure the victim’s rights are protected and maximize compensation after a car accident.

The Final Wrap-Up

If you’ve been involved in a car accident, navigating the legal defenses can be challenging. At Bendell Law Firm, PLLC, we tackle these tough defenses head-on. With Attorney Jim Bendell’s experience and dedication, you’ll have the support you need to fight for the compensation you deserve. Serving Post Falls, Coeur d’Alene, and Spokane, we provide personalized, accessible legal help every step of the way.

Don’t face this alone—contact Bendell Law Firm, PLLC today and let us be your voice in the fight for justice. Your case is in caring hands.