300,000 Jury Verdict For Bicyclist Considerable Hurt In SUV Accident
300,000 Jury Verdict For Bicyclist Considerable Hurt In SUV Accident
When pursuing a vehicle accident matter, it can sometimes be necessary to be able to demonstrate that the defendant's story is not truthful. Sometimes all an attorney needs to do so as to show this is to establish that the defendant lied or told an account that was false in some part. This is frequently sufficient to cause doubt on the defendant's entire story. Reveal that one facet of the defendant's story is made up and a jury may in fact discount everything else the defendant says. One way that can be useful is to look for too many details. People who are making up a story far too often do not keep the story simple. They embellish it in an effort to make it seem believable.
Take into account, as an illustration, a claim that involved a vehicle accident which occurred in a four way intersection. A driver in an SUV entered the intersection and hit a woman who was already in the intersection riding a bicycle. There were no bystanders in the area who saw the accident. The bicyclist claimed that she had stopped at the stop sign prior to entering the intersection. The driver of the SUV, though, stated that the plaintiff was responsible because she did not yield the right of way before entering the intersection. This would have been a simple, clean story. Without witnesses it would normally come down to whether a jury would believe the driver or the bicyclist. But the driver went further. The driver additionally claimed that was difficult to see the plaintiff due to the fact that she had on dark clothes, and was riding a bicycle without appropriate illumination.
The impact threw her onto the pavement where she landed on and injured her knee. She ultimately required arthroscopic surgery on the knee.
Two critical things were done right in this case. First, following the accident the fire department found a dislodged bicycle light at the location where the accident occurred. Second, the law firm that helped the bicyclist uncovered this information and called a member of the fire department to testify at the trial of the case. With this information the jury took only 1 hour to find for the bicyclist. The jury awarded her $300,000.
This matter presented an example in which the lack of witnesses to the accident could have prevented the plaintiff from recovering for her injuries. It is impossible to say what motivates a person to distort the facts or even plain lie about the way an accident occurred. There was nothing in the report of this matter to suggest that there was insufficient insurance and that the defendant was worried that the victim would go after his personal assets. There was nothing in the report of this claim to suggest that the defendnat was unaware of the extent of the injury the bicyclist victim suffered as a result of the accident. Yet, if not for the testimony of the fire department member, the defendant's statements about the circumstances of the accident (which the jury obviously did not believe) could in all likelihood have blocked the bicyclist victim from recovering for her injury.
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