How do I respond to an auto accident claim?

Lexi, Chatbot

I understand that responding to a claim can be stressful. What specific claim are you trying to answer?

Lexi, Chatbot

Have you already received any legal advice or assistance regarding this claim?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your claim response.

Randy M.

Hi, my name is Randy and I'm happy to assist you today.

I understand you're working on responding to a duty of care allegation in your lawsuit answer. I can share some general information about how these types of claims typically work.

The statement "At all times hereto, defendant owed a duty to the plaintiff, and all drivers on the road, to operate his vehicle in a safe and reasonable manner" is establishing what's called "duty of care" - the first element in any negligence claim. In vehicle accident cases, this is essentially saying that as a driver, you had a legal responsibility to drive safely and reasonably. This is a well-established principle in tort law that applies to all drivers.

When drafting your Answer, you'll typically respond to each numbered paragraph by admitting, denying, or stating you lack sufficient knowledge to form a belief about the allegation. For duty of care claims specifically, you have several strategic options:

Admit the General Duty: Most defense attorneys admit that drivers owe a general duty of care since it's a fundamental legal principle. A response might read: "Defendant admits that, as a driver, he owed a duty to operate his vehicle in a safe and reasonable manner as required by law." This approach avoids unnecessary argument about a basic legal concept.

Admit in Part, Deny in Part: You could acknowledge the general duty while preserving your defense: "Defendant admits that, as a general matter, drivers owe a duty to operate vehicles in a safe and reasonable manner, but denies any breach of such duty or liability to Plaintiff."

Deny: While possible, denying the existence of a driver's duty of care is rarely successful and can make your overall defense appear unreasonable.
The real battleground in most vehicle accident cases isn't whether you owed a duty of care - it's whether you breached that duty (acted unreasonably), whether that breach caused the plaintiff's damages, and the extent of those damages. Most successful defenses focus on arguing that the defendant acted reasonably under the circumstances, that the plaintiff contributed to the accident, or that the claimed damages weren't caused by the defendant's actions.

Helpful Resources
American Bar Association Lawyer Referral Directory
Legal Aid Organizations (for low-income individuals)
State Bar Association Websites: Most state bars offer lawyer referral services and self-help resources
Court Self-Help Centers: Many courts provide assistance for pro se litigants
Nolo's Legal Encyclopedia (general legal information)

Please note that you typically have a limited time to file your Answer after being served, so don't delay in responding.

Randy M.

In most jurisdictions, when you admit an allegation in your Answer, you typically don't need to provide any explanation - a simple "Paragraph 2 is admitted" or "Defendant admits the allegations in paragraph 2" is sufficient and standard practice.

When you admit something, you're essentially saying "yes, this is true" - there's nothing more to explain. The court understands that you're acknowledging the facts or legal principles stated in that paragraph. Adding explanations to admissions can sometimes create confusion or unintentionally limit the scope of what you're admitting.

There are a few situations where you might include brief clarification with an admission:

• Partial admissions: "Defendant admits the allegations in paragraph 2 to the extent that all drivers owe a general duty of care under applicable law."

• Qualified admissions: When you want to admit something but clarify the scope or context.

• Complex factual allegations: When a paragraph contains multiple facts and you want to be precise about what you're admitting.

It's totally fine to explain your denials. When you deny something, especially if it might seem obvious or if your denial could appear unreasonable, explanations help establish your defense theory and show the court you have legitimate grounds for the denial.

Keep your admissions simple and clean - just "admitted" is perfectly fine. Save your explanations for denials and any affirmative defenses you're raising. This approach keeps your Answer clear and focused while avoiding any potential complications that unnecessary explanations might create.

Your instinct to explain denials but keep admissions simple is exactly right from a legal drafting perspective.

Randy M.

You're very welcome. Definitely keep that to yourself!

Randy M.

You're very kind to ask! I always thought that it popped up on your side. They just have a Star-Rating (not a written review).

Randy M.

Thank you so much. Have a great night!