The Techniques Employed By Car Accident Lawyers To Disprove The False Testimony Of A Defendant

It is not unusual for an attorney to review a potential motor vehicle accident claim

in which the person who is harmed and wishes to go forward with a case tells one version of the way the accident happened and the potential defendant tells a completely different story - always one in which he or she is blameless and has no liability for the accident. This happens regardless of whether the drivert has insurance that would sufficiently cover the range of any possible recovery. So the motive is never really clear. These lawyers also understand that when this happens sometimes all you need to establish the truth is some common sense. Consider the example presented by the following:

The driver in this motor vehicle accident hit a 75 year old man as he was crossing the street in order to go back to his car which was double parked. The potential defendant was driving a van at the time of the accident. He claimed that the victim came out abruptly from the middle of two cars that were parked at the side of the road and that the man in fact ran into the car leading to damage to the its side. 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 greatly following the accident.

The defendant would not produce any evidence of the damage he said the victim caused to the side of her van. The only damage that was documented was a cracked windshield - as would be expected from the front of the van hitting the pedestrian and inconsistent with the pedestrian hitting the side of the van. Yet, the defendants insurance company refused to settle the case. The law firm that handled this claim took it to trial and attained a verdict of $475,000 for the victim.

As the above demonstrates defendants will sometimes construct versions of the accident that seem to vindicate their action at the time and put blame on the victim. A bit of common sense is usually all one needs to demonstrate that the accident either could not have occurred according to the drivers version or that even if it did that version does not absolve the driver of accountability for what happened.

To make matters worse, insurance company adjusters seem all to set to take their insureds version of the accident at face value and to completely discount the injured victims account of the accident. In general, this makes sense particularly if 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 half those cases at trial the insurance companies will save millions each year.

Determining whether to retain an accident reconstruction expert for a case is a matter of judgment. For some situations, it is absolutely crucial like when the lack of an expert would make it extremely difficult for the jury to comprehend how the accident happened. There are variables that can change the way motor vehicles move that cannot be taken into account merely using the average persons experience and common sense. An accident reconstruction expert is needed if without the testimony of one the jury would not be able to determine the way the accident actually 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 given by the defendant.

by: Joseph Hernandez

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