How Attorneys May Handle Claim When Insurance Company Claims Victim Caused The Accident
It is not unusual for a person injured in a motor vehicle accident to be confronted with a driver who denies responsibility. Frequently, these drivers actually blame the victim for the accident. Because many motor vehicle accidents are not observed by witnesses the outcome of such claims could depend on the credibility of the plaintiff as opposed to the credibility of the driver. Lawyers who represent plaintiffs find that when this occurs the adjuster for the insurance company insuring the driver will often take the side of their insured.
Attorneys experienced in litigating such cases, particularly when the case involves major injuries to the victim, recognize that they actually do bear the load of demonstrating that the driver was responsible. Relying on a credibility battle is not likely to result in a settlement and gambles on the outcome at trial. Even though it is not always economically viable to work up a claim using experts, if the damages are sufficient and there is plenty of insurance coverage or there are assets that could be applied toward a recovery, it might be proper to do so.
Consider the reported case which arose when a truck hit a male messenger on a bicycle while the truck was turning right. The truck cut off the bicyclist. The front of the truck slammed into the bicyclist throwing him from the bicycle. The truck's front tire and rear tire both ran over the victim. The victim bicyclist suffered pelvic fractures and major internal injuries. He was twenty two years old when the accident took place.
The driver claimed that he was not responsible for the accident. As so often happens, the defense claimed that the plaintiff was the one who caused the accident. According to the truck driver, he had his signal on prior to taking the turn, claimed that the bicyclist ran a stop sign, and denied twice running over the plaintiff. The plaintiff on the other hand, stated that the truck driver did not have his turn signal on and that the driver could not have been paying attention while making the turn.
The law firm that represented the victim rebutted the truck driver