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Fighting the "mosquito" defense in a car accident case

Filing a lawsuit in a car accident case can bring many surprises and a vigorous defense from the party charged with negligence. For example, a state court recently rejected a defense argument that the driver of a truck owned by the State of Connecticut was not liable for a car accident because mosquitos swarmed into the cab of the vehicle and made him lose control. Two plaintiffs were awarded approximately $75,000 for the crash.

This "sudden emergency" doctrine is only one of the numerous defenses that can be raised in a lawsuit for compensation after the filing of a lawsuit. In addition to overcoming a defense, a plaintiff must locate and present sufficient proof that a defendant acted negligently, identify responsible parties for the crash, locate witnesses and evidence and meet filing deadlines. Proof is also needed for losses, such as medical expenses, lost wages, pain and suffering and other out-of-pocket expenses.

The journey from the crash to the award of compensation may be long and arduous. It often winds through discovery depositions, settlement negotiations, a trial and appeals through state courts.

At our law firm, we do our best to represent clients in all aspects of a case and locate the evidence required for success. Our law firmfights for clients' rights in cases involving impaired drivers, motorists who are distracted by using a cellphone or other personal electronic devices or defective equipment, such as airbags or tires. We attempt to vigorously represent our clients in a case involving any unusual circumstances. For more information, please visit the auto accidents section of our law firm's website.

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James L. O’Rourke, ESQ
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Law Offices of James L. O'Rourke

Stratford Office
1825 Barnum Avenue, Suite 201
Stratford, CT 06614

Phone: 203-381-9800
Fax: 203-377-2770
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221 Nells Rock Road
Shelton, CT 06484

Phone: 203-380-8297
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Stamford, CT 06903

Phone: 203-378-1926
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