An auto accident can occur when we least expect it, and you will need an auto accident attorney. Although they may or may not be severe, the majority of such accidents will get you into a lot of issues with the law, and if not addressed appropriately, a lot of hassles with the insurance companies who are not there to protect your interests. A lawsuit against you for an accident, even if the accident was not your fault, is often enough to unsettle your resolve and your calm, including significant use of your resources such as your money and time. Hence it is always better to get an understanding of your situation and what legal alternatives are available to save a lot of your precious time and peace of mind.
Avoiding or Minimizing Auto Accident Liability
And, keep in mind, that regardless of who is at fault for an accident, it is always beneficial to have a defense and competent legal representation. Regardless of fault, defenses include minimizing your damages or proportioning fault with third parties, such as the manufacturer of a defective seatbelt.
Fabre defense is a form of defense available to the defendant, where they can name or identify a person which had a significant involvement in the auto accident and could or should also bear all or a part of the liability. Using the Fabre defense, the individual or entity whom the defendant feels contributed to the accident can also be brought into the lawsuit to redress the damages of the Plaintiff. This also allows the defendant a remedy where he/she may distribute the proportion of the liability based on the degree of culpability.
Instances for the use of the Fabre defense include scenarios where during the time of the accident a third party is culpable for something, such as failing to maintain a road or failure to provide adequate lighting. In such situations, other third parties may be responsible for all or part of the damages sustained by the individual or Plaintiff.
It should also be noted that in a scenario where the identified individual for a Fabre Defense is found to be innocent, the defendant may also be susceptible, under certain situations, to the legal fees of the third party.
When dealing with auto accidents it is always good to remember a few points regarding how the case will be presented in court. Police reports usually do not form a part of the gathered evidence unless it is ruled admissible despite hearsay rules or in the case where the police officer actually witnessed the accident. Additionally, an eye-witness can be a crucial asset which can tilt or sway the case either in your favor or against. Depending on the involvement and the credibility of the eye-witness, the weight of his/her words can become a crucial part of the evidence and ultimately, the outcome of the trial.
How an attorney can help
Attorneys are well versed with the intricacies of the law and are better equipped to advise us in legal matters including the defense of an auto accident case. Even if you are found to be at fault for a significant portion of the accident the attorney can add value by minimizing damage claims and leaving you a lot less burdened than you otherwise would have been.
An accident no matter, how plain it may seem, does not have to be caused by a single factor and may be the result of numerous reasons which collectively brought about the incident. Also, no one wishes to purposefully cause an incident and most accidents similarly happen because of negligence or some other unavoidable factors. Therefore it becomes a must to carefully review the particulars of any given situation and seek proper advice from an experienced Lawyer.
Every accident deserves a defense to settle or resolve claims. For additional information, please see our Car Accident Page.
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