What Happens When Drivers Attribute Fault For The Accident On The Plaintiff
It is not out of the ordinary for an attorney to review a possible motor vehicle accident claim in which the individual who is injured and would like to go forward with a claim tells one story of how the accident took place and the driver who would be the defendant tells a completely contradictory account. Of course, in the defendant's account he or she is blameless and is not liable for the accident. Lawyers recognize that individuals from time to time recall incidents as consistent with their own self-image, an image of an individual who is a careful driver, of someone not able to be responsible for causing harm to someone else. It is up to the attorney who reviews the lawsuit for the injured pedestrian to establish what evidence, if any, is available that they can use to invalidate the story of the incident recounted by the potential defendant.
In this accident a 75 year old male pedestrian was hit while crossing the street to get back to his double-parked car. As per the victim he was crossing the street in the middle of the block. As per the defendant the pedestrian abruptly came out from between two parked vehicles and basically ran into the side of the van. He sustained 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 energetic person before the accident his life changed significantly after.
The driver refused to offer any evidence of the damage he professed the victim caused to the side of her van. The sole damage that was documented was a cracked windshield - as would be expected from the front of the van striking the pedestrian and inconsistent with the pedestrian hitting the side of the van. But, the defendant