Car Accident Defenses in Houston
Navigating the legal complexities following a car accident can be overwhelming. Understanding the potential defenses available to you can significantly enhance your ability to protect your rights.
Common Car Accident Defenses
Contributory Negligence
This defense claims that the injured party contributed to their own injuries by failing to exercise reasonable care.
Comparative Negligence
This defense apportions liability based on the percentage of fault of each party involved in the accident.
Statute of Limitations
Each state has a specific time limit (statute of limitations) within which a lawsuit must be filed following an accident.
Assumption of Risk
This defense may be invoked when the injured party willingly participated in an activity that posed a known risk.
Insurance Defenses
Policy Exclusions
Insurance companies may deny coverage based on policy exclusions, such as driving under the influence of alcohol or drugs.
Breach of Contract
If the insured party violated any terms or conditions of their insurance policy, the company may deny coverage.
Lack of Causation
The insurance company may argue that the accident was not caused by the insured party’s negligence.
Specific Defenses in Houston
In Houston, there are additional defenses that may be raised in car accident cases.
Sudden Medical Emergency
This defense argues that the accident was caused by a sudden medical emergency, such as a heart attack or seizure.
Government Immunity
Government entities may be immune from liability in certain car accident cases.
Choosing an Experienced Attorney
Navigating car accident defenses can be complex. Hiring an experienced attorney is crucial to ensure your rights are protected. An attorney can provide valuable guidance, assess the strength of your case, and help you achieve a favorable outcome.
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