Common Defenses Asserted in Kentucky Car Accident Personal Injury Lawsuits [Part II]


This is Part II of our two-part blog (part I) discussing the most prevalent types of defenses asserted in personal injury lawsuits seeking financial recovery for injuries suffered in car crashes.  Our Kentucky car accident wrongful death lawyers invite accident victims to contact us for a free consultation with specific questions about the defenses that might be asserted under the specific circumstances of their case. Disputing Causation While many people presume that negligent conduct like speeding, driving drunk, texting and driving or other violations by another driver guarantees a right to financial compensation, the negligent conduct must also be a substantial cause of the collision that caused the injuries.  The insurance carrier for the other driver may claim that their insured’s unsafe driving did not cause the accident or that the injuries of the plaintiff were caused by some trauma other than the collision. If you seek medical care and follow through on any potential diagnostic examinations, this can provide medical evidence to substantiate injuries and negate claims that injuries were pre-existing or caused by another event.  Our Louisville auto collision lawyers analyze the police accident report, physical evidence, witness observations and work with accident reconstruction experts so that we can establish negligence by the other driver as the cause of the car crash. Emergency Circumstances Sometimes the insurance company may claim that an emergency that was in no way caused or influenced by its insured made the action taken by its insured reasonable based on ordinary judgment and skill under similar conditions.  The exigent circumstances might make an incorrect judgment or other driving mistake a reasonable response which would not be reasonable under ordinary circumstance when a driver has more opportunity to consider potential options. Sudden unanticipated medical events also may be used by insurance carriers to deflect liability from their insured.  While genuine medical emergencies may be a legitimate defense, a defendant will not necessarily be able to evade financial responsibility if the medical event was reasonably foreseeable.  If the driver that is claiming a medical emergency suffers from epilepsy, narcolepsy or other conditions that can cause a loss of consciousness, the foreseeability of the problem may negate any claim that the emergency made the accident unavoidable. Because drivers who are impaired by alcohol or drugs including prescription medications may claim they suffered a medical emergency, it might be advisable to indicate to the police officer investigating the crash any observations that suggest the other driver was impaired by an intoxicating substance.  This evidence may provide a basis for the police officer to conduct chemical testing of the motorist’s blood for substances that impair driving ability. Vehicle Defects The insurance company may claim that a mechanical malfunction or defective component and/or system caused the crash so that its insured was not negligent.  The manufacturer of the vehicle may be liable based on product liability law or an auto repair shop may be liable for substandard workmanship when performing repairs or maintenance.  However, the driver can be liable for failing to have necessary maintenance performed like replacing brake pads, maintaining tire pressure or replacing worn tires. Even if the vehicle manufacturer or an auto repair shop is negligent, this does not mean that the other driver cannot also be liable for the crash.  Many accidents can be caused by multiple factors which might mean multiple defendants are liable for financial damages. If you or your loved ones have been injured in a Louisville car crash, our experienced Louisville auto accident attorneys at the Bruce Law Group can answer your questions and explain your rights.  We offer a free consultation so call us today at (502) 489-8887 or contact us via email.