Site NavigationExpert Helps Plaintiff Get $450,000 From Driver
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It is not unusual for an individual injured in a motor vehicle accident to be confronted with a defendant who denies fault. Often, these defendants in fact blame the victim for the accident. As a large number of vehicle accidents are not observed by witnesses the outcome of such lawsuits may depend on the credibility of the plaintiff as opposed to the credibility of the defendant. Not surprisingly in cases where this goes on the adjuster for the insurance company insuring the driver will frequently align themselves with the defendant.
Attorneys experienced in litigating such matters, particularly in those that deal with significant injuries to the plaintiff, understand that they actually do carry the burden of demonstrating that the defendant was responsible. Counting on a credibility battle is unlikely to result in a settlement and wagers on the outcome at trial. While it is not always economically feasible to work up a case using experts, in cases where the damages are enough and there is sufficient insurance coverage or there are resources that could be used for a compensation of the victims, it may be appropriate to do so.
Consider the documented lawsuit in which a truck struck a male messenger on a bicycle as the truck was making a right hand turn. The bicyclist's path was cut off by the truck. The front of the truck hit the bicyclist knocking him down. The truck's front tire and rear tire both ran over the victim. The bicyclist suffered pelvic fractures and suffered severe internal injuries. He was 22 years old at the time of the accident.
The defendant maintained that he was not responsible for the accident. In what is an all too common defense position the driver ascribed responsibility to the victim for the accident. The defendant maintained that he had his signal on prior to taking the turn. The defendant also maintained that the plaintiff entered the intersection without stopping for the stop sign, and further maintianed that he did not run over the plaintiff twice. The plaintiff on the other hand, stated that the truck driver never used his turn signal and that the defendant could not have been paying attention while making the turn.
The law firm that handled this case rebutted the truck drivers account of who was to blame for causing the accident with the assistance of an accident reconstruction expert. In showing that the truck did in fact run over the plaintiff twice the law firm established truck driver could not have been paying attention to traffic on his right when he took the turn. As a result, the law firm documented that they were able to obtain a settlement in the amount of $400,000.
About the Author:
Joseph Hernandez is an Attorney accepting catastrophic injury cases. To learn more about bicycle accident cases and fatal car crash matter
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