How To Handle It If Descriptions Change Once A Vehicle Accident Lawsuit Is Pursued By The Victim

In motor vehicle accident cases it is not at all uncommon to see a driver or other party deny

, rather than take, responsibility for causing the accident. It is not uncommon for a lawyer who represents victims with serious injuries from a motor vehicle accident to be confronted with a matter in which the driver-defendant just plain lies about how the accident took place.

In some of these lawsuits the use of an expert is a requirement. In other cases, though, the best approach could be to let the facts of the matter speak for themselves. Finding and understanding every detail of the location of the accident, talking with everyone who saw the accident, and using good judgment may be all it takes to be able to disprove the story made up by the driver. Look at the way the lawyer representing the victim was able to position the following case:

This lawsuit involved the driver of a tractor-trailer who lost control of his vehicle. The truck ended up on the sidewalk by the side of the road where it slammed into a pedestrian. The driver, however, stated that the reason he lost control of his vehicle was because he had a coughing fit which resulted in his loss of consciousness. The driver was driving the truck for his employer. Given this the employer was liable if the driver was liable. The driver claimed that he was not liable as the accident was due to what amounted to a medical emergency. The employer thus claimed that it too was not liable. And yet that was not the end of the story. While in discovery the law firm that helping the victim found out that the driver had asserted medical emergencies had caused him to have three previous accidents

The employer responded with a physician's certificate put together just sixteen days ahead of the accident clearing their employee as able to drive a tractor trailer. They offered the certificate so as to absolve themselves of liability. The law firm looked further into the situation and discovered that the physician had written the certificate based on false information given by the driver thus invalidating the certificate. Moreover, they obtained testimony from the police officers who went to the accident that the driver acted normally at the location and that he failed to say anything about having lost consciousness when they questioned him at the scene of the accident.

The pedestrian hit by the truck was a 58 year old female. She suffered a rupture of a ligament in her dominant thumb. She also sustained several fractures including fractures to three of her ribs, a displaced fracture of a clavicle, and a fractured skull. Since the defendants claimed they had no responsibility for the accident, and consequently had no liability, the law firm that helped the woman went forward with the case all the way to trail. During the trial the law firm was able to persuade the jury that the driver had invented the story of the coughing fit and the loss of consciousness only after the plaintiff went forward with her case in order to avoid responsibility for the accident. The law firm that handled the lawsuit took it to trial and succeeded in getting a verdict for $1.2 million.

The majority of 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, occasionally get the details of what happened wrong. Finally though there are those that simply lie. In this case though the attorney handling the case had the experience and the common sense to see that something about that story of the accident just was not right. And a jury later concurred. It takes experience to recognize when a drivers 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. If the law firm representing the victim had accepted the story given by the defendant and the medical certificate released by the drivers employer they would never have found the evidence that resulted in a $1.2 million jury award.

by: Joseph Hernandez

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