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Be prepared to deal with contributory negligence arguments

On Behalf of | Jun 14, 2021 | Motor Vehicle Accidents

Dealing with the aftermath of a car accident is no easy task. You’re probably struggling just to cope with the physical and emotional pain and suffering that has been unfairly thrust upon you, and the financial realities of your situation may threaten your stability. In these instances, your best option may be to pursue a personal injury lawsuit against the negligent driver who caused your accident, but imposing liability isn’t the only thing you need to worry about when pursuing one of these claims.

Know about New York’s contributory negligence law

A big part of your personal injury claim should be focused on anticipating and defending against contributory negligence arguments. This is because under New York law, the amount that you can recover from a negligent driver through a personal injury claim is reduced by the percentage of fault that is allocated to you. Therefore, defendants often try to shift the blame back on plaintiff’s, sometimes by arguing that the plaintiff was distracted or that he or she was following too closely. There are a lot of arguments that can arise here.

How to defend against contributory negligence arguments

To properly address contributory negligence arguments, you need to have a clear understanding of the facts and how the law applies to those facts. This means that you’ll want to talk to every witness, depose the defense’s witnesses, gather pertinent documentation, and thoroughly think through what strategy the defense is going to utilize.

Do you need a legal advocate on your side?

Those who are unfamiliar with the law can find it difficult to identify and deal with the intricacies of their case. That might sound stressful and overwhelming, but you don’t have to face these matters on your own. Instead, you can choose to turn to a skilled legal advocate you can help you analyze your case and build the persuasive legal arguments that you need to position yourself for success. Only then can you rest assured that your future is protected as fully as possible under the circumstances.