Car Accident Defenses
There are a variety of car accident defenses. These car accident defenses can be used by defense lawyers to show you were comparatively negligent and you will not receive any damages. Texas follows the modified comparative negligence rule. Modified comparative negligence means that a victim of a car accident will not recover any damage award if he is found to be more responsible for the resulting injury. In other words, if the victim of a car accident is found to be more than 50% at fault for the car accident, then the victim will not receive any compensation.
The following are car accident defenses an insurance company or opposing lawyers can use to find you comparatively negligent:
- Speeding. If it is determined that you were speeding and your speed was the cause of the car accident, then you may be held comparatively at fault. But as long as you are not held more than 50% at fault for the car accident then you can still recover some of your damages
- Intoxicated Driving. Intoxicated driving is one of the most dangerous types of driving a person can do. A car accident victim who is found to be intoxicated at the time of the accident will have a very difficult time not being found comparatively negligent.
- Distracted Driving. Distracted driving has become a bigger problem in recent years as more and more drivers use distracting devices such as cell phones while they drive.
- Drowsy Driving. Drowsy driving can be just as dangerous as intoxicated driving. According to the Sleep Foundation, driving after you have been awake for 18 hours is the equivalent of driving with a blood alcohol level of .05 (.08 is considered intoxicated driving). Driving after you have been awake for 24 hours is the equivalent of driving with a blood alcohol level of .10.
- Violation of Traffic Laws. A violation of a traffic law, such as running a red light or a stop sign, or failing to yield can be used against you in your car accident claim.
Contact Stolmeier Law
Stolmeier Law is a family owned and operated law firm. We have been serving car accident and other personal injury victims in San Antonio and South Texas for over 35 years. Stolmeier Law can help fight against potential car accident defenses an insurance company or opposing lawyers may argue. Unlike other firms, we will not treat you as just another case number. We will stand shoulder to shoulder with you against high priced defense lawyers to maximize your compensation. So if you or a loved one has suffered life changing injuries in a car accident, contact Stolmeier Law. Let this family fight for you