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What if the negligent driver files a countersuit?

On Behalf of | Jul 21, 2022 | Personal Injury |

You were unlucky enough to get seriously hurt or have your car totaled in a crash. The other driver who is at fault for the wreck didn’t have enough insurance to pay for all of your expenses, so you filed a personal injury lawsuit against them.

Instead of negotiating a settlement with you to keep the case out of court, the person who caused your crash has now filed a countersuit. They want to hold you accountable for their expenses even though they were the one that caused the crash.

How do you protect yourself when you face a countersuit from the negligent driver who caused your recent collision?

Gather evidence to support your version of events

Just having a police report that favors you may not be enough when you go to civil court. You want more conclusive evidence that helps prove the other driver was to blame, as they will likely try to misrepresent the situation for their personal benefit.

Your attorney might be able to request their phone records to show they were on a call or using data at the time of a crash. There could potentially be security camera, dashboard camera or traffic camera footage that shows the crash or the moments right before the collision occurred. There could be witnesses who could make statements to the courts about how the other driver caused the wreck.

Sometimes, when there aren’t witnesses or video footage, you may want to bring in forensic specialists who can recreate the collision and validate your claim that you are not to blame for the crash.

Don’t let the fear of losing push you to make a mistake

Some people use the legal system as a weapon, and it is possible that the defendant in your case is employing that approach. They hope that by filing a countersuit, they can get you to dismiss your case against them or push you to settle for a fraction of the compensation that you require.

Don’t rush into a decision that limits your compensation. They will have to provide you with an opportunity to review the evidence they claim supports their version of events. You can then use that discovery process as a way to bolster your own case and diminish their claim against you. Even if they can show that you played a minor role in the crash, your ability to show that they are ultimately the one to blame will protect your rights to get as much compensation as possible.

Responding appropriately when facing a countersuit can help those pursuing financial justice for a recent car crash in the civil courts.