Pursuing A Car Accident Claim? 4 Issues The Defendant Will Use While Trying To Make You The Liable Party

Law Blog

If you are pursuing a car accident claim, prepare yourself to face interrogatories from the defendant. This is a good way for the defendant to learn more about the case, but they will also use the information to absolve themselves of the liability and even pin it on you. Here are some of the issues they may use while trying to do this:

Previous Traffic Violations

In this case, the opposing side may ask you to list all the previous traffic violations you have heard in the past, say, decade. The idea is to paint you as a reckless motorist with previous violations. If the defendant can succeed in doing this, then they may get the judge or jury to think (even if the evidence doesn't show it) that you might have been violating a traffic law during the most recent crash, and you don't deserve the full compensation you are claiming. Of course, they have a high chance of succeeding if you do have a history of multiple traffic violations.

Speed at the Time of the Accident

There are many different ways in which speeding can lead to accidents or even increase the severity of accidents. For example, if you are driving at high speeds and the conditions are foggy, it is easy to crash into a stalled car or other road obstructions. Maintaining control over a car on icy or slippery roads is also difficult if you are driving at a high speed. Therefore, if the opposing side is asking for your speed, they may be preparing to use it to claim that your speed played a role in the crash.

Alcohol Consumption Leading Up to the Accident

Driving under the influence is a well known leading cause of car accidents. Therefore, if the defendant's attorney is asking for your alcohol history, be sure they are looking for a way to prove that you were impaired during the crash. In this case, you may be asked to state the type and volume of alcohol you had consumed in the period leading up to the crash.

Medication Leading Up to the Accident

It is not just medication that can impair a motorist's judgment; even perfectly legal medicine can impair your driving. This is why the defendant's lawyer may ask you for a list of all the drugs you had consumed in the period leading up to the crash. The objective is to look for drugs that could have impaired your driving, such as those that cause drowsiness.

Therefore, you need to be keen while answering the interrogatories. Listen to your attorney's advice about answering the interrogatories so that you don't slip up and weaken your case.

Get in touch with professionals like Kaston & Aberle to learn more.


27 December 2017

Every Business Owner Needs to Be Well-versed in Law

While I took a few business classes in college, I left early to start my own business. I thought I had the knowledge I needed to become a great business owner and was eager to start my business. Soon, I had a new business that was actually performing pretty well in sales. Unfortunately, I hadn't taken any law courses in college, and I soon realized I made a few mistakes when starting my business that could cause me some legal trouble. Thankfully, a great business lawyer helped me correct my mistakes before I had any legal problems, but I then decided to take those business law courses. I want to help business owners and anyone else who would like to learn more about the law by starting a blog where I will share what I have learned and will continue to learn. I hope I can help you!