What Happens When Drivers Put The blame For The Accident On The Victim
By: J. Hernandez
Submitted: 2010-10-16 21:56:10 | Word Count: 732
It is not uncommon for a lawyer to review a potential motor vehicle accident lawsuit in which the pedestrian who is harmed and would like to go forward with a case tells one version of the way the accident took place and the potential defendant in the case tells an entirely different version. Of course, in the defendant's account he or she is not at fault and is not liable for the accident. Attorneys realize that people from time to time remember incidents in keeping with their own self-image, an image of a person who is a conscientious driver, of a person who is not capable of causing an injury to another person. These lawyers also realize that when this happens sometimes all that's necessary to establish the truth is a little bit of common sense. Think about the example offered by the following:
The driver in this motor vehicle accident hit a 75 year old man as he was crossing the street so as to return to his car which was double parked. The driver was driving a van when the accident happened. He maintained that the victim came out abruptly from the middle of two cars that were parked at the side of the street and that the man in fact ran into the car leading to damage to the its side. The victim sustained multiple fractures such as fractures to his shoulder, collarbone and to his ankle for which he required surgery that consisted of the attachment of screws and a metal plate. The 75 year old man had been an active person prior to being injured. He was even employed as a messenger. Following the accident his lifestyle was no longer the same.
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The law firm that represented the pedestrian asked that the defense produce evidence of the damage to the side of the van claimed by the driver. No such evidence was ever offered by the defendant. The damage that plainly did happen to her van was a cracked windshield. Even with the inconsistency in the driver's version of the accident and the seriousness of the injuries to the victim the driver's insurance company refused to settle the pedestrian's claim. The law firm helping the pedestrian documented that it went forward to trial where it achieved a $475,000 verdict for the pedestrian.
The above displays how much defendants will try to avoid responsibility for an accident, regardless of whether they have plenty of insurance to cover them. From time to time they simply look at the facts from a point of view that absolves them of fault. At times they recall the accident differently from how it actually occurred. Sometimes they just plain lie.
To complicate things, insurance company adjusters seem all to ready to take their insured's version of the accident at face value and to completely discount the injured victim's version. Statistically, this reasonable from a business point of view especially when there are no witnesses. Refuse enough claims and some of them will settle for nuisance value. Of those that do not, if the defense wins even just half those cases at trial the insurance companies will save millions each year.
Deciding whether to get an accident reconstruction expert for a case is a matter of judgment. There are times when the use of an expert is absolutely essential and experience ought to direct the lawyer in figuring out when to use that expert. There are variables that can change the way motor vehicles move that cannot be taken into account merely using the average person's experience and common sense. An accident reconstruction expert is necessary if without the testimony of one the jury would not be able to determine the way the accident really occurred and the value of the case merits the expense. If it is not necessary it might be better to let the jury sort through the evidence and see through the version told by the defendant.
Author Resource:-
Joseph Hernandez is an Attorney accepting motor vehicle accident cases. To learn more about how a pedestrian accident attorney can help you and about other vehicle accident cases including fatal car accident matters visit the websites
