Expert Aids Accident Victim Disprove Defendant's Version Of Accident
It is not unusual for a person hurt in a motor vehicle accident to be confronted with a defendant who denies responsibility. Often, these defendants actually blame the plaintiff for the accident. Since a large number of motor vehicle accidents do not have any witnesses the outcome of these kinds of cases could come down to the credibility of the plaintiff versus the credibility of the driver. Not surprisingly if this goes on the insurance company covering the driver will frequently take the side of their insured.
Attorneys experienced in litigating such matters, particularly when the case involves serious injuries to the victim, realize that they really do bear the load of showing that the driver was at fault. Depending on a credibility battle is not likely to lead to a settlement and gambles on the outcome at trial. Even though the economics of a case do not always justify using experts, if the damages are enough and there is plenty of insurance coverage or there are assets that could be applied toward a recovery, it might be appropriate to do so.
Consider the published case which arose when a truck made a right hand turn as a bicycle messenger was trying to pass it on the right. The truck cut off the bicyclist. The front of the truck struck the bicyclist who was knocked down and was run over first by the truck