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$450,000 Settlement After Claims By Driver Are Disproven By Bicyclist's Expert
Attorneys experienced in litigating such claims, especially when the case involves serious injuries to the victim, recognize that they actually do bear the load of proving that the defendant was responsible. Counting on a credibility battle is unlikely to result in a settlement and gambles on the outcome at trial. While the economics of a case do not always justify using experts, if the damages are enough and there is sufficient insurance coverage or there are resources that could be applied toward a compensation of the victims, it may be appropriate to do so. Examine the documented lawsuit which arose when a truck hit a male messenger on a bicycle while the truck was turning right. The bicyclist's path was blocked by the truck. The front of the truck struck the bicyclist throwing him off the bicycle. The truck's front tire and rear tire both ran over the victim. The bicyclist suffered fractures to his pelvis and serious internal injuries. He was 22 years old at the time of the accident. The driver maintained that he was not responsible for the accident. In what is an all too common defense position the driver blamed the plaintiff for the accident. The truck driver maintained that he had his signal on prior to making the turn. The driver also claimed that the bicyclist entered the intersection without stopping for the stop sign, and denied twice running over the plaintiff. The victim was clear that the driver never used his turn signal and that the defendant could not have been paying attention while making the turn. The law firm that handled this claim rebutted the defendant's account of how the accident happened aided by the assistance of an accident reconstruction expert. In showing that the truck did actually run over the plaintiff twice the law firm was able to show that the truck driver could not have been paying attention to traffic on his right when he made the turn. As a result, the law firm documented that they were able to achieve a settlement for $400,000 for the plaintiff. When insurance company adjusters side with the defendent, often the best way to persuade them to alter their view is to pesent them with independent evidence that rebuts their insured’s rendition of the accident. Plus, if the insurance company still do not reverse their position, then the lawsuit has been properly prepared for trial. When only expert testimony might accomplish that goal an experienced attorney will consider the cost of bringing in an expert against the likelihood that the expert will rebut the defendant's claim and the predicted range of how much a jury would give for the plaintiff's damages. Article Directory: http://www.articledashboard.com Joseph Hernandez is an Attorney accepting catastrophic injury cases. To learn more about how a bicycle accident attorney can help you and about other vehicle accident cases including fatal car accident visit the websites |
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