subject: Expert Disproves Driver's Claim That Bicyclist Caused Accident [print this page] It is not rare for a person injured in a vehicle accident to be confronted with a driver who denies fault. Sometimes, these drivers in fact blame the victim for the accident. Since many vehicle accidents do not have any witnesses the outcome of these kinds of cases may depend on the credibility of the victim as opposed to the credibility of the defendant. Not surprisingly when this occurs the adjuster for the insurance company insuring the defendant will often align themselves with their insured.
Lawyers seasoned in litigating such claims, most notably when the case involves serious injuries to the victim, understand that they really do carry the burden of showing that the driver was responsible. Depending on a credibility battle is not likely to result in a settlement and leaves the result of a trial up in the air. While the economics of a case do not always justify using experts, if the damages are sufficient and there is plenty of insurance coverage or there are resources that could be used for a recovery, it may be appropriate to do so.
Look at the reported claim which arose when a truck made a right hand turn while a bicycle messenger was attempting to pass it on the right. The bicyclist's path was cut off by the truck. The front of the truck slammed into the bicyclist who was knocked down and was run over first by the trucks front tire and then by the trucks rear tire. The plaintiff sustained pelvic fractures and suffered severe internal injuries. The plaintiff was 22 years old at the time of the accident.
The driver maintained 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 had his signal on before taking the turn. The defendant also maintained that the bicyclist went into the intersection without stopping for the stop sign, and denied twice running over the bicyclist. The victim on the other hand, stated that the driver did not have his turn signal on and that the defendant could not have been paying attention while making the turn.
The law firm that handled this lawsuit rebutted the defendant's version of who was to blame for causing the accident using the assistance of an accident reconstruction expert. In demonstrating that the truck did in fact run over the victim twice the law firm was able to show that the truck driver must not have been paying attention to traffic on his right when he made the turn. Because of this, the law firm documented that they were able to achieve a settlement in the amount of $400,000 for the plaintiff.
