Car Accident Defenses in Birmingham

Understanding Defenses to Car Accident Claims

A car accident can be a traumatic and life-altering experience. If you have been involved in a car accident, it is important to understand your rights and the potential defenses that may be raised by the other driver’s insurance company.

Common Car Accident Defenses

Insurance companies may use various defenses to deny or reduce liability for car accident claims. Some of the most common defenses include:

1. Contributory Negligence: This defense argues that the injured party was partially responsible for the accident. Under contributory negligence laws, an injured party cannot recover any damages if they are found to be even 1% at fault.
2. Comparative Negligence: In comparative negligence jurisdictions, an injured party’s recovery may be reduced by their percentage of fault. For example, if the injured party is found to be 30% at fault, their damages will be reduced by 30%.
3. Assumption of Risk: This defense argues that the injured party voluntarily assumed the risk of injury by engaging in a dangerous activity. For example, if an injured party was speeding or driving under the influence of alcohol, the insurance company may argue that they assumed the risk of an accident.
4. Act of God: This defense argues that the accident was caused by an unforeseeable event beyond the control of the driver. For example, if a tree falls on a car during a storm, the insurance company may argue that the accident was an act of God.

Specific Defenses to Car Accident Claims in Birmingham

In addition to the common defenses listed above, there are also some defenses that are specific to car accident claims in Birmingham. These defenses include:

1. Sudden Emergency: This defense argues that the driver was faced with a sudden emergency that they could not have reasonably avoided. For example, if a pedestrian suddenly steps out in front of a car, the driver may argue that they were faced with a sudden emergency and could not have avoided the accident.
2. Uninsured Motorist Coverage: In Birmingham, all drivers are required to carry uninsured motorist coverage. This coverage protects drivers from injuries caused by uninsured or underinsured drivers. If you are injured in an accident with an uninsured driver, you may be able to file a claim under your own uninsured motorist coverage.

How to Defend Against Car Accident Defenses

If you have been involved in a car accident, it is important to speak to an experienced attorney who can help you understand your rights and defend against any defenses that may be raised by the insurance company. An attorney can help you gather evidence, negotiate with the insurance company, and file a lawsuit if necessary.