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Be prepared for defenses to motor vehicle accident claims

After a car accident, a Kentucky resident may find themselves with medical bills, pain and a host of other accident-related damages. They may wish to sue the party that caused them to be put into such a difficult position and with the help of an attorney, they may file a cogent pleading that outlines their case and supports it with facts. However, after the receiving party has been given sufficient time to respond the victim may discover that the party they accused of wrongdoing plans to fight to claims lodged against them.

When a defendant in a civil personal injury case refutes the claims made against them, they are offering defenses to the pleading of the victim. The defendant may refute facts and attempt to overcome the victim’s case by showing they have no grounds on which to make claims. They may also claim that the plaintiff put themselves in harm’s way by contributing to the accident for which they claim losses.

In Kentucky, individuals must wear seatbelts in their vehicles and children must be properly restrained. If a plaintiff was not belted in at the time of their crash, the defendant may claim that the victim contributed to their own harm by failing to use a safety restraint.

In addition, a defendant may make a defense based on other conduct allegedly performed by the victim. They may assert that the plaintiff was speeding, distracted or otherwise breaking traffic laws and could have avoided the incident, had their attention been on the road.

These are only some ways that a personal injury lawsuit based on a car accident may be defended. For case appropriate guidance, readers may wish to consult with their own auto accident lawyers.