Car Accident Defenses in Charleston

Understanding Defenses to a Car Accident Claim

Car accidents are common, and unfortunately, so are disputes between drivers. If you’ve been involved in a car accident in Charleston, it’s important to be aware of the defenses that may be raised against your claim for damages.

Common Defenses to Car Accident Claims

Contributory Negligence

This defense alleges that your own negligence contributed to the accident. If successful, your compensation may be reduced in proportion to your fault.

Comparative Negligence

Similar to contributory negligence, this defense apportions fault between the parties, but it allows you to recover damages even if you were partially at fault.

Assumption of Risk

This defense argues that you voluntarily assumed the risk of an accident by engaging in a known dangerous activity, such as speeding or driving under the influence.

Statute of Limitations

This defense is based on time limits set by law for filing lawsuits. If you fail to file a claim within the statute of limitations, your claim may be barred.

Inevitable Accident

This defense asserts that the accident was caused by an unforeseen and unavoidable event, such as a sudden medical emergency or a slippery road.

Uninsured/Underinsured Motorist

This defense applies when the at-fault driver does not have adequate insurance coverage. You may need to file a claim under your own uninsured/underinsured motorist coverage.

Other Defenses

In addition to the common defenses listed above, there may be other defenses raised depending on the specific circumstances of your case.

Seeking Legal Advice

If you’ve been injured in a car accident, it’s crucial to consult with an experienced car accident attorney in Charleston. An attorney can evaluate the facts of your case, identify potential defenses, and develop a legal strategy to protect your rights.