In New York, if you are injured in a car accident as a result of another party’s negligence, you are legally entitled to pursue legal action to seek compensation for your economic and noneconomic damages. However, before the courts award any compensation for your losses, you will first have to prove the other party’s fault. Once you have presented evidence to support your claim, the defendant will have an opportunity to defend themselves against your arguments. It is crucial to know some common defense strategies to ensure you are prepared for what may be thrown your way during a car accident case. Keep reading to learn more about common defenses and how our qualified Westchester County Car Accident Attorneys can help you prove the other party’s liability. 

What are some of the most commonly used defenses in New York car accident cases?

In most car accident cases, there will be a liability dispute. The defendant often claims that they were not responsible for the collision. In some cases, they may claim that you are partially at fault for the collision. New York is a pure comparative negligence rule. This means regardless of whether you were partially at fault for the accident, you can still recover compensation for your damages. However, your award will be reduced by your fault degree. For instance, if the defendant is found 70% responsible and you are found 30% responsible for the accident, your award will be reduced by 30% to reflect your percentage of fault. Depending on your percentage of fault, it could affect the amount you can recover.

Moreover, the negligent motorist may claim that you contributed to the severity of your injuries by failing to receive medical care after the collision. They may argue that you did not follow the doctor’s treatment plan. Unfortunately, this could cause the court to dismiss your case which is why it is crucial to seek immediate medical treatment and follow the doctor’s instructions. In some cases, the defense may argue that you had a pre-existing condition before the car accident. This could hurt your credibility if they prove that your injuries already existed at the time of the crash. Following a car accident, it is in your immediate interest to hire an experienced attorney who can help you gather pertinent evidence to support your claim.

In the unfortunate event that you or a loved one has been injured in a car accident, it is important to have the right legal representation. A determined Westchester County car accident attorney will work tirelessly to help you get the justice you deserve. Allow our firm to represent your interests today. With years of experience, our team can help you seek monetary compensation for your damages.