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Bicyclist Compensated Three Hundred Thousand Dollars For Significant Injuries Suffered In Motor Vehicle Accident



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By : J. Hernandez    19 or more times read
Submitted 2010-09-02 11:15:13
When litigating a motor vehicle accident matter, it can in some cases be necessary to be able to demonstrate that the defendant's story is not truthful. Sometimes all a lawyer has to do so as to show this is to show that the defendant lied or told an account that was false in some aspect. This is oftentimes sufficient to cause doubt on the defendant's entire story. Pull at one thread of a story and it may all unravel. The difficult part is finding that thread. One technique that can be very effective is to look for too many details. Often, if people are telling a lie, they try too hard to make the story appear consistent. One way they do that is by making up too many details - the types of details people who are telling the truth would normally probably not remember.

Consider, as an illustration, a case that concerned a motor vehicle accident which took place in a four way intersection. An SUV drove into an intersection as a woman was in the intersection on her bicycle. There were no bystanders in the area who saw the accident. According to the victim, she had entered the intersection only after having stoped at the stop sign controlling the intersection. But according to the defendant, it was the bicyclist who was at fault for the accident by going into the intersection without yielding the right of way. This would have been a simple, clean story. There would have been no way to invalidate it and it would simply be a matter of who was more believable - the driver or the bicyclist. Still the driver did not stop there. The defendant also stated that the woman was hard to see because she had on dark clothes, and was riding a bicycle without appropriate illumination.

The woman was thrown onto the pavement with so much force that she ended up with a significant injury to her knee. Because of this injury she had to have arthroscopic surgery.

Two critical things were done correctly in this matter. First, after the accident the fire department spotted a dislodged bicycle light at the location where the accident occurred. Second, the law firm that handled the case on behalf of the victim uncovered this finding and approached a member of the fire department to testify at the trial of the case. With this information the jury took only 1 hour to deliberate and came back with a finding in favor of the plaintiff in the amount of three hundred thousand dollars.

This matter presented an example where the lack of witnesses to the accident could have prevented the plaintiff from getting compensation for her injuries. There is obviously no way for us to look inside the mind of a defendant to understand why he or she would distort the facts or even plain lie about how an accident took place. Presumably, the defendant had sufficient insurance to cover the victim's compensation. Presumably, the defendant knew the extent of the injury the plaintiff suffered due to the accident. Yet, if not for the testimony of the fire department member, the defendant's statements about the circumstances of the accident (which the jury obviously did not believe) would in all probability have blocked the bicyclist victim from recovering for her injury.
Author Resource:- Joseph Hernandez is an Attorney accepting personal injury cases. For additional information on how a bicycle accident lawyer may be able to assist you and about other cases including vehicle accident cases visit the websites
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