Columbus, Ohio. According to David A. Bressman, a personal injury lawyer who limits his practice exclusively those injured in car accidents, insurance companies use many standard arguments when trying to minimize payment to injury victims. Here is #4 in this ongoing series:
Making You The Bad Guy & Blaming You For The Accident
NOTE: "Defendant" is just a legal term for the person you think was the cause of the accident
•You had warning of danger within a sufficient time to avoid the accident if you were paying attention.
•You could have avoided the accident if you were not exceeding a safe speed for the road/weather conditions.
•You made an unnecessary and unexpected stop.
•You made an unsafe lane change without warning.
•You gave no stop or turn signal.
•You were backing up under circumstances and/or at a location where a reasonable person
wouldn't have anticipated same or where it was difficult for the other person to see same.
•You were not at/in the intersection first.
•If you and the defendant were in the intersection at same time, you were to the defendant's
left, exceeding the speed limit, or were inattentive.
•The defendant was acting as any "reasonable person" would have—was traveling at a safe speed for conditions and therefore was not negligent--defendants actions were not a probable cause of the accident.