$1.2 Million Jury Verdict For Pedestrian Injured In Truck Accident When Driver Tried To Elude Liability
By: J. Hernandez
Submitted: 2010-08-18 22:10:14 | Word Count: 785
"Take responsibility." It is an expression that is often said but not oftentimes lived up to. In motor vehicle accident matters it is all to frequent that one sees a driver or other party deny, rather than take, responsibility for causing the accident. Any lawyer who helps victims in motor vehicle accidents that result in catastrophic injuries, however, will sooner or later come across a case in which the driver simply lies about what happened in an attempt to dodge liability.
In some of these lawsuits the use of an expert is an absolute necessity. In other instances, however, the best strategy may be to let the facts of the matter speak for themselves. Finding and reviewing every detail of the scene of the accident, speaking with everyone who saw the accident, and using good judgment may be all it takes to be able to rebut the version fabricated by the driver. Look at the way the attorney helping the victim managed to position the following case:
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In this case, the driver who caused this pedestrian accident was driving a company truck and was acting in the scope of his employment at the time of the accident. The driver lost control of the tractor-trailer which went up onto the sidewalk and crashed into a pedestrian. The driver, however, stated that the reason he lost control of his vehicle was because he had a coughing fit which led to his loss of consciousness. The truck involved in the accident was owned by the driver's employer. Moreover, the driver had been acting in the scope of his employment when the accident happened. These facts would make the employer liable if their employee, the driver, was liable.
The driver claimed that he was not liable because a medical emergency caused the accident. The employer thus argued that it too had no liability. And yet that was not the end of the story. During discovery the law firm that helping the victim uncovered that the driver had a history of three prior claimed medical emergencies
In response the employer released a certificate showing that a doctor had cleared the driver to operate a tractor-trailer truck 16 days before the accident. By revealing the certificate the employer continued in their attempt to keep making their argument that the accident was the outcome of a medical emergency and to refute any liability for the accident. The law firm dug further into the situation and found that the physician had written the certificate based on untruthful information provided the driver consequently invalidating the certificate. What's more, the driver never indicated that he had lost consciousness to the policewhen intervied at the time of the accident and seemed perfectly normal.
The female victim, only 58 years old, suffered multiple serious injuries. A ligament on the thumb of her dominant hand was ruptured. Her clavicle was fractured. Three of her ribs were fracture. She also suffered a skull fracture. Given that the defendants denied any responsibility for the accident, and consequently had no liability, the law firm that helped the victim took the case to trial. While in the trial the trial the law firm was able to persuade the jury that the defendant had made up the story of the coughing fit and the loss of consciousness only after the victim pursued a claim so as to avoid responsibility for the accident. As a result, the jury found for the victim and awarded her $1.2 million.
Most defendants are honest and give an accurate account of the way the accident happened. Many even admit that they were responsible for the accident. Even those who are honest in their description of the accident, however, sometimes remember it incorrectly. Finally though there are those that flat out lie. As this matter illustrates there is it can be critical to do a thoroughly working up a case.
It takes experience to recognize when a driver's version of the accident is suspicious, it takes the ability to spend the time and resources to uncover the true facts, and it takes the willingness to take on the challenge. But when an attorney with the skill and the experience follows through on a case like this the result can be considerable.
Author Resource:-
Joseph Hernandez is an Attorney accepting motor vehicle accident cases. To learn more about the way a truck accident attorney can assit you and about other vehicle accident matters including fatal car crash matters visit the websites
