Is Your Accident Your Fault? The Other Side May Say Just That
When you file a personal injury lawsuit, you would imagine that most of the case is about whether the Defendant did anything wrong, and if so, what they did wrong. But as the case progresses, and you speak to your lawyer about what the other side is doing or saying, you may be surprised to learn that the case is focusing more and more on you, and what you did wrong.
But how can that be? You were the one that was injured. Why is everybody talking about your behavior, or what you could have done differently, or what you failed to do? How did this become a case about what you did wrong?
You shouldn’t worry—this is a common defense in personal injury lawsuits, albeit one that many victims are unprepared for. And there are a number of ways that Defendants will make you look like the careless one.
Slip and Fall Cases
In slip and fall accidents, Defendants will second guess almost everything you did, in the moments that led up to your fall. So, for example, they will ask where you were looking before the accident, in an effort to say that you could have and should have seen and avoided whatever caused your fall, but you did not.
They will ask how fast you were walking. They will even want to look at your shoes, to see if you were wearing “inappropriate” footwear.
Car Accidents
Car accidents present a goldmine to defendants looking to blame victims. This is especially true in cases where it isn’t so clear which vehicle may have had the right of way.
Even defendants who obviously did something wrong-for example, ran a red light-will argue that despite their carelessness, you (the victim) still had time to see their car and avoid the accident, but you did not do so.
When Cars Hit Pedestrians
Pedestrian cases are even more difficult, if you were the pedestrian. Drivers who hit pedestrians will say that pedestrians jumped out in front of the vehicle—these cases often boil down to mere inches—that is, how far was the pedestrian in the road, before he was hit? If the pedestrian was close to the curb, drivers have an avenue to allege that the pedestrian just immediately and suddenly jumped out in front of the vehicle.
After the Accident and Medical Care
If they don’t blame you for what you did or did not do when the accident happened, they will blame you for what you did or did not do, after the accident—namely, they will ask whether you obtained medical care fast enough, and whether you followed your physician’s advice or instructions.
That’s not to say you have to blindly do whatever the doctor says. But if you ignore your own health and don’t do something (that is, get some form of treatment or follow something your doctor recommends) to get yourself better, you open up the door for the Defendant to say you would have been fine had you just followed the appropriate medical advice.
Whether you’re blamed or not, we know how to handle these common defense techniques. Contact our Rhode Island personal injury lawyers at Robert E. Craven & Associates at 401-453-2700 today.
Sources:
bwp.tnble.org/wp-content/uploads/2019/09/Torts.pdf
webserver.rilin.state.ri.us/Statutes/TITLE9/9-20/9-20-4.HTM
