If you’ve been injured in a motor vehicle accident, you can expect the insurance company and the other driver to do everything they can to deny or minimize your claim. They’ll deny liability for the accident and challenge the injuries and damages you say you suffered.
Let’s talk about some of the most common defences raised in motor vehicle accident cases, how they can impact your lawsuit, and ways to push back against defence tactics so you get the financial compensation you deserve.
Making a successful personal injury claim
To win a motor vehicle accident lawsuit, you must prove several important elements, including:
liability (the other party was at fault for the accident);
the nature and extent of your injuries;
that your injuries were caused by the accident; and
that you did everything you could to recover from your injuries and minimize your losses.
As the plaintiff, you start a motor vehicle accident lawsuit by filing a Statement of Claim that sets out your version of the facts, your injuries, and the compensation you’re seeking. In response to your Statement of Claim, the lawyer for the defendant prepares and serves a Statement of Defence which includes any factual denials and all the legal defences they are raising against your claim. The defendant bears the onus of proving any defences they raise.
An experienced car accident lawyer will be able to anticipate defences and start gathering evidence early in the process to prepare for what may come. It’s a good idea to connect with a Barrie motor vehicle accident lawyer at our firm as soon as possible to begin collecting evidence and devising strategies to address defences that will hurt your case if not properly addressed.
Common motor vehicle accident defences
Defendants will raise as many defences as possible to reduce or eliminate their liability. Here are some of the most commonly used defences in motor vehicle accident lawsuits.
Limitation defence
If you miss the deadline to start your personal injury claim, the defendant will argue that your claim is statute barred. If the limitation defence is successful, it is a complete defence to your claim—in other words, you lose the right to claim for compensation.
Liability dispute
The defendant will either deny responsibility for the accident altogether or assert that you were also at fault (e.g., you were speeding; you failed to keep a proper lookout). If you are found 100% liable, your case will be dismissed. It you are found partially responsible, your damage award will be reduced in proportion to your degree of fault. For example, if you are found to be 15% at fault for the accident, you will recover 85% of the assessed damages.
Contributory negligence defence
This is another defence that defendants use to reduce or eliminate liability. The defendant will attempt to prove that your own negligence contributed to your injuries or losses. For example, the defendant may argue that you weren’t wearing a seatbelt and that failure caused or contributed to the injuries you sustained. If you were a cyclist, the defendant may argue that you failed to wear a safety helmet and that wearing a helmet would have lessened your injuries.
Pre-existing injuries or conditions
It’s very common for defendants to argue that injuries were not caused by the motor vehicle accident, but instead by a pre-existing injury or medical condition. For example, if you have a history of back pain and allege that the accident caused back pain, the defendant will assert that you aren’t entitled to compensation because the accident didn’t cause a new, distinct injury. It takes strong legal knowledge and compelling medical evidence to prove that pre-existing injuries and accident injuries are unrelated. It’s also worth noting that you are still entitled to recover damages if your pre-existing condition was exacerbated (worsened) by the accident.
Failure to mitigate
After being injured in a motor vehicle accident, you have an obligation to act reasonably to mitigate (minimize) your losses. That means you must seek prompt medical attention, follow medical advice, and participate in recommended treatment plans. It also means that you did everything you reasonably could to recover from your injuries and minimize your losses. You must make reasonable efforts to return to your job or seek alternative employment opportunities that align with your current capacity. If you fail to do so, the defendant will argue that they are not responsible for the losses that were in your
control.
How a car accident lawyer fights against defences
Having an experienced legal professional on your side can make all the difference in the outcome of your case. Your motor vehicle accident lawyer will draw on their experience and their knowledge of the law to push back if the defendant digs in on fault, contributory negligence, or other defences.
Our Barrie car accident lawyers use a variety of legal strategies to attack defences in personal injury cases, depending on the issues, law, and facts. The key is often a strong legal argument based on motor vehicle legislation and/or similar case law. In other cases, the key is gathering statements from credible eyewitnesses and evidence from the accident scene to support your version of events.
There are other strategies if the defendant challenges the cause or severity of your injuries. We can marshal medical records or other crucial documents to support your case, and/or arrange for you to attend an independent medical examination (“IME”) with a doctor or specialist to provide an opinion on the nature and cause of your injuries.
Get Legal Advice from an Experienced Car Accident Lawyer
Barrie motor vehicle accident lawyers at Littlejohn Barristers are here to help if you have been injured in a car, truck, cycling, or pedestrian accident. We are a dedicated team of professionals with over 30 years of combined experience.
Contact us today at 705-725-7355 to set up a free, no obligation consultation with a Barrie car accident lawyer. Collingwood, Midland, Orillia, and Innisfil clients are also served from our Barrie office.