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Negligent Driving Accident Defense

At the Law Office of Robert Castro, we believe in providing our clients with the necessary defenses to negligence, regardless of the charges that they are facing. We know that our clients are sure to have lots of questions. For example, what are the defenses to negligence? How can a defenses accident injury lawyer assist me in the Waldorf, MD area? Luckily, it will only take you 2 minutes to pick up the phone and give us a call. We are always on hand and happy to help you receive maximum compensation.

Let’s take a closer look at some of the most common defenses that are utilized in negligence cases of this nature. This will give the plaintiff a better idea of how their case will be affected, allowing them to prepare accordingly.

Common Negligence Defenses

Assumption of Risk 

This is a commonly used phrase that has made its way into the parlance of the layperson. That’s why it is beneficial for a potential client to learn more about its true meaning before proceeding with a case of this nature. For example, let’s say that a person decides to pursue a romantic relationship with a person, knowing that they have a history of credit card fraud and identity theft.

If their identity ends up being stolen, it would be safe that they assumed the risk of dating someone with that type of checkered past. In the world of law, the assumption of risk is applied in a very similar manner. The argument in a court of law is a simple one: if the person exposes themselves to risk in an unnecessary manner, they lose their right to complain about any of the harm that they have suffered as a result.

This is where a defense accident injury lawyer Waldorf MD becomes helpful to clients. Clients are not always going to know what to expect in these instances, whereas an experienced lawyer is able to provide more background. In the state of Maryland, the doctrine of assumption of risks has already been embedded within tort laws. This allows a defense counsel to argue that the victim of harm voluntarily and knowingly assumed the risks that caused the issue to take place.

The inaction or action that caused the automobile accident in question is then considered their fault. Another example of this would be when a friend decides that they are going to borrow their buddy’s sports car, so that they can participate in drag races. If the person is then injured and decides that they are going to sue the owner of the vehicle, the doctrine of the assumption of risk is going to be utilized as a legal defense.

The defendant will be asked to bear the burden of proof in these instances. The plaintiff is not the one who has to prove that they did not assume any risk. That’s what makes this one of the most common defenses to negligence.

Contributory Negligence

In a Maryland court of law, contributory negligence is the other most commonly used legal defense in these types of cases. This law is far harsher in nature and can have a negative impact on the plaintiff’s case. When the conduct of the victim has fallen below the necessary standard necessary for the plaintiff’s protection and cooperates with the negligence of the defendant that caused harm to the victim, the tort doctrine applies.

In layman’s terms, the plaintiff is told that they would have avoided harm that occurred had they not been negligent in the first place. Let’s say that a driver is found to have not worn their seal belt when they sustained an injury. It could be argued that they would not have been injured if they had worn the harness like they were supposed to.

Pure contributory negligence is practiced in the state of Maryland, which means that even those who have contributed the smallest fraction to an accident would not get compensated. If the plaintiff is found to be even 1 percent responsible for their injuries, they will receive no compensation. Comparative negligence takes place when the fault percentage is subtracted from the final settlement, while this doctrine provides nothing.

Our Experienced Waldorf, MD Lawyers Are Here To Help!

In need of a defense accident injury lawyer Waldorf MD? The Law Office of Robert Castro is here to help. Be sure to stop by or give us a call when you find yourself in need of a legal rebuttal. We will help you to get the results that you truly deserve. Free consultations are available.