Detailed Investigation Of Accident Scene Reverals Driver Giving Inaccurate Version Of Vehicle Accide

It is not uncommon for attorneys representing victims of motor vehicle accidents

to run into a claim involving 2 drivers who have drastically diverse accounts of the accident. Experience on the part of the lawyer and the willingness to thoroughly investigate the circumstances of the accident, such as personally observing the scene of the accident, may make all the difference between a successful outcome and a loss.

Check out a claim involving an intersection accident. One driver was driving a truck that made a left hand turn into the intersection. The other driver was driving a car going straight and entering the intersection from the trucks right. The truck hit the car. The driver of the car stated that while he did speed up as he came near the intersection because the light was yellow. The light was still yellow when he went into the intersection. The driver of the truck, on the other hand, claimed that the driver of the car had been speeding and did not stop for a red light when he went into the intersection. The way the lights at the intersection operated, if the victims light had been yellow then the truck drivers turn signal it would not have been possible for it to turn green as the defendant claimed.

The victim, a 40 year old male, suffered numerous injuries in the accident including a head laceration, and several fractures to his forearm. The head injury required twenty staples to close. The forearm injury required internal fixation surgery.

The law firm that handled the matter took the right approach and conducted its own thorough investigation of the accident. From its investigation the law firm was able to plot the order of the lights at the intersection. With that information and the testimony of a driver who had been stopped waiting for with a red light from the left of the truck driver, the law firm was able to show that it was not possible for the driver of the truck to have had a green light. Even if the plaintiffs light had turned red, the light for the driver to the left of the truck would have turned green before the truck drivers left arrow would turn green. And that witnesss light had still not turned green at the time of the accident.

The law firm next obtained the testimony form a representative of the Department of Transportation who verified the exact sequencing and timing of the traffic lights at the intersection where the accident occurred. The representatives testimony, when put together with the testimony of the driver who was waiting for a green light from the truck drivers left, showed that the truck driver could not have had a green left hand turn signal when he made the turn and struck the plaintiffs vehicle.

The law firm took the matter to trial. Even though the jury found that the victim was fifteen percent responsible for the accident, they apportioned eighty five percent of the responsibility on the driver of the truck. Given the percentage of fault allocation by the jury the law firm achieved a recovery of $467,000 for the victim. The day before trial the insurance company refused to settle for a demand of $300,000.

As this case illustrates a complete investigation of the accident scene, one that finds the facts which will establish that the accident could not have occurred how the defendant claims. This requires the experience and the common sense to know what to look for, and the resources to carry on the investigation the right way. Then it is simply a matter of putting the details together in the correct sequence. In addition, the lawsuit shows that, under certain circumstances, even though they face the risk of an adverse jury awardjudgment against them, insurance companies, through their adjusters, refuse to settle a case. They sometimes believe their insured irrespective of how much the evidence refutes the insureds story. This happens a great deal more frequently than most people realize.

When faced with such a situation the attorney representing the plaintiff simply will diligently preparing the case for trial and recover as much as possible on behalf of the plaintiff by a jury award.

by: Joseph Hernandez

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