Victim Of Vehicle Accident Compensated $400,000 From Defendant Who Denied Blame

It is not unusual for an individual injured in a motor vehicle accident to be faced with a driver who denies liability

. Often, these defendants actually place responsibility with the victim for the accident. Given that a large number of motor vehicle accidents do not have any witnesses such cases could come down to the credibility of the victim versus the credibility of the defendant. Not surprisingly when this happens the adjuster for the insurance company covering the driver will often take the side of their insured.

Lawyers seasoned in handling such claims, most notably in those that deal with significant injuries to the plaintiff, recognize that they really do bear the load of demonstrating that the driver was responsible. Counting on a credibility battle is not likely to result in a settlement and wagers on the outcome at trial. Even though it is not always economically viable to work up a case using experts, in cases where the damages are sufficient and there is sufficient insurance coverage or there are resources that could be applied toward a recovery, it may be appropriate to do so.

Examine the published lawsuit in which a truck hit a male messenger on a bicycle as the truck was turning right. The truck cut off the bicyclist. The front of the truck hit the bicyclist who was knocked down and was run over first by the truck's front tire and then by the truck's rear tire. The victim bicyclist sustained fractures to his pelvis and suffered significant internal injuries. The bicyclist was twenty two years old when the accident took place.

The driver claimed that he was not at fault for the accident. In what is an all too common defense position the defendant ascribed responsibility to the victim for the accident. The truck driver maintained that he signaled before taking the turn. The driver also claimed that the plaintiff entered the intersection without stopping for the stop sign, and denied twice running over the plaintiff. The plaintiff on the other hand, stated that the truck driver did not have his turn signal on and that the driver could not have been paying attention when he made the turn.

The law firm that handled this case rebutted the defendant's version of who caused the accident with the assistance of an accident reconstruction expert. In showing that the truck did actually run over the bicyclist twice the law firm established truck driver could not have been paying attention to traffic on his right as he took the turn. Consequently, the law firm published that they were able to achieve a settlement for $400,000.

When insurance company adjusters align themselves with the defendant, usually the most effective way to persuade them to reverse their view is to compile independent evidence that rebuts the driver's account of the accident. Then, if the insurance company continue to go by their insured's version, then the claim has been effectively prepared for trial. When only expert testimony might achieve that goal an experienced lawyer will weigh the cost of the expert versus the probability that the expert will rebut the insured's claim and the probable span of the amount a jury would give for the plaintiff's damages.

by: Joseph Hernandez

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