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The Methods Used By Car Accident Lawyers To Disprove A Driver's Fake Account Of The Accident

The Methods Used By Car Accident Lawyers To Disprove A Driver's Fake Account Of The Accident


It is not out of the ordinary for a lawyer to assess a possible motor vehicle accident lawsuit in which the pedestrian who is harmed and wishes to pursue a lawsuit tells one story of how the accident took place and the driver who would be the defendant tells a totally contradictory story - always one in which he or she is not responsible and is not liable for the accident. This happens even when the individual has insurance that would sufficiently cover the range the settlement or verdict is likely to fall in. Hence the motive is never really clear. These attorneys also realize that sometimes all that's necessary to establish the truth is some common sense. Consider the example provided by the following:

The driver in this motor vehicle accident hit a 75 year old man as he was crossing the street to return to his car which was double parked. As per the pedestrian he was crossing the street in the middle of the block. According to the driver the pedestrian abruptly came out from between two parked vehicles and literally ran into the side of the van. He suffered a fracture to his shoulder, a fracture to his collarbone, and a fracture to his ankle. He required screws and a metal plate inserted into his ankle. An productive man prior to the accident his life changed considerably following the accident.

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 supplied by the defendant. The only damage that was documented was a cracked windshield - as would be expected from the front of the van striking the pedestrian and inconsistent with the pedestrian hitting the side of the van. But, the defendant's insurance company turned down the opportunity to settle the case. The law firm representing the pedestrian reported that it went forward to trial where it achieved a $475,000 verdict for the pedestrian.


The above demonstrates how much defendants will try to avoid blame for an accident, even when they have sufficient insurance to cover them. From time to time they just look at the facts from a point of view that clears them of fault. Sometimes they recall the accident in a different way from how it really happened. Sometimes they just plain lie.

Regrettably, there are times when the claims adjuster for the driver's insurance company accepts the driver's version even after being faced with a clear demonstration of fault of the part of the driver. When this takes place there is frequently little choice but to take the case to trial.

Determining whether to retain an accident reconstruction expert for a case is a matter of judgment. For some situations, it is completely necessary such as if the lack of an expert would make it extremely difficult for the jury to understand how the accident occurred. For many situations it is best to not underestimate the jury. Juries are generally very intelligent and have good common sense. Offer the evidence to them in a way that helps them relate it to their own experience and they will cut through the driver's version.
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