Defendant Versus Victim - The Clash Of Two Reports Of The Car Accident And The Way To Show The Truth

 By: J. Hernandez
Accidents happen. That is also true for accidents in which a motor vehicle hits a pedestrian. Attorneys experienced in dealing with pedestrian injury claims are adept at appreciating not only the technical factors of the accident, the insurance issues, and the medical issues with the injuries to the pedestrian, but also the psychology of the individuals involved. Attorneys understand that individuals now and again recall events in keeping with their own self-image, an image of a person who is a conscientious driver, of someone who is not able to be responsible for causing an injury to someone else. It is up to the attorney who assesses the lawsuit for the injured individual to identify what evidence, if any, is available that they can use to disprove the version of the incident told by the potential defendant.

The driver in this motor vehicle accident hit a 75 year old man as he was crossing the street so as to return to his car which was double parked. According to the pedestrian he was going across the street in the middle of the block. As per the driver the pedestrian abruptly came out from among two parked vehicles and basically ran into the side of the van. The man suffered several fractures including fractures to his shoulder, collarbone and to his ankle for which he needed surgery that consisted of the insertion of screws and a metal plate. The 75 year old man had been an active man prior to being injured. He was even working as a messenger. After the accident his lifestyle changed considerably.

The law firm that represented the pedestrian requested that the defense produce evidence of the damage to the side of the van claimed by the driver. No such evidence was ever offered by the defendant. The damage that evidently did happen to her van was a cracked windshield. Notwithstanding the inconsistency in the driver's version of the accident and the severity of the injuries to the victim the driver's insurance company declined to settle the pedestrian's claim. The law firm representing the pedestrian documented that it went forward to trial where it achieved a $475,000 verdict for the pedestrian.

The above displays how much defendants will attempt to avoid liability for an accident, even when they have sufficient insurance to cover them. Sometimes they just view the facts from a perspective that absolves them of fault. At times they remember the accident in a different way from how it actually took place. Sometimes they just plain lie.

Of course, occasionally the claims adjuster for the driver's insurance company accepts the driver's version even after being faced with a clear showing of reponsibility of the part of the defendant. When this occurs there is usually little choice but to take the case to trial.

Deciding whether to use an accident reconstruction expert for a case is a matter of judgment. For some cases, it is absolutely crucial such as when not using an expert would make it extremely difficult for the jury to comprehend how the accident occurred. For many cases it is advisable to not underestimate the jury. Juries are usually very wise and have good common sense. Present the evidence to them in a way that helps them connect it to their own experience and they will cut through the driver's version.
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