As a Vancouver Motorcycle Accident Lawyer knows there are several ways a defendant may react to a motorcycle or car accident lawsuit. In general, the responses fall into one of three categories:
- You did not really get injured in the collision.
- The crash was somebody else’s fault.
- You are either completely or partially to blame for the incident.
You Did Not Get Injured
The defendant might argue that you had a pre-existing injury and that this incident was not the cause of your injury. According to a Vancouver motorcycle accident lawyer, defendants often claim that an injured party’s pain is not severe and that they are exaggerating the extent of their injury.
In addition to the drivers who were involved in the collision, a defendant might argue that the crash was caused by someone else, according to a Vancouver motorcycle accident lawyer. For example:
- A third driver triggered the collision, but was not hit.
- The defendant’s vehicle was unsafe due to a manufacturing defect.
- The city or state is to blame for poor road conditions.
You Were Responsible for the Accident
One of the most common defense tactics is to blame the plaintiff, either partially or completely. In legal terms, shared blame is called comparative or contributory negligence. The defendant could argue that you caused the collision by violating a traffic rule such as driving through a red light or speeding. The defendant might also claim that, while he or she is partially to blame, you might have done something to avoid the crash.
Facts in the case
The defendant will look for facts that support his or her case. A few defenses that might be used to strengthen the defendant’s case include:
- A sudden medical or other emergency that occurs on the roadway
- A collision that couldn’t be avoided
- A mechanical failure or defect
- If traffic stopped without warning
A Vancouver Motorcycle Accident Lawyer may have experience with defense tactics and might be prepared to challenge the defendant’s position. If you would like to speak with a Vancouver motorcycle accident lawyer about your case, please call The Law Offices of Loren Scott Etengoff at (360) 693-2919.