Side impact collisions typically occur when a driver fails to stop or yield at an intersection. To assign fault, a plaintiff must prove who is responsible for a crash. The fault does not have to involve an intentional impact. Rather, it is often negligence-based. Drivers accused of causing such accidents can use various defenses in personal injury lawsuits.
Can Insufficient Proof be Used as a Side Impact Collision Defense?
It can be used as a defense in many cases, but it depends on the facts of the case. For a plaintiff to settle or win a claim, their Motor Vehicle Accident Attorney in Emporia KS must prove that the at-fault party:
* Owed a duty of care to the plaintiff
* Breached the duty
* Caused the collision
* Caused damages like pain and suffering, medical bills, and property damage
If any of these elements are not found in the plaintiff’s claim, a defendant can use insufficient proof as a defense. The person can also use this defense if a plaintiff cannot show proof the defendant was responsible for the collision.
Cases Where Multiple Parties Share Fault for an Accident
Contributory negligence can be used as a defense in some areas if a plaintiff’s actions contribute to an accident. It requires a close look at the plaintiff’s behavior, and if the plaintiff is found to be partially at fault, their recovery may be partially or completely barred.
Comparative Negligence Defenses
Comparative negligence can only be used as a defense in certain areas and it requires the defendant’s attorney to examine the plaintiff’s behavior for negligence. Here, the fault is assessed by percentage. For instance, if a plaintiff is found to be 30% to blame for an accident, their damages award would decrease accordingly.
Should a Person Accused of Causing a Side Impact Collision Consult a Local Attorney?
Side impact collisions are dangerous events and, in many cases, parties share responsibility for damages. These accidents require clients to contact us to schedule a consultation with a Motor Vehicle Accident Attorney in Emporia KS who can discuss potential defenses. The lawyer chosen can determine which defenses will work best, and they can immediately set about proving the defense.
