Car Accident Attorneys in Concord always sigh heavily when presented with a client who is seeking to bring a personal injury claim against a person especially when it pertains to an automobile accident. For those of us who have seen the cult TV show, South Park, in one episode, the (in)famous king of attorneys, Johnny Cochrane uses what is humorously referred to as the “Chewbacca” defence. By focusing on pedantic, hard to understand details, conveyed in an authorities and commanding voice, rounded off with a liberal sprinkling of big words, the jury is left utterly baffled as to the arguments in question and instead side with Cochrane based solely on his delivery.
And that, ladies and gentlemen, is pretty much the manner in which a car related personal injury law suit will play out, as the lawyers representing the negligent driver and the insurance companies will attempt to obfuscate the issue at stake, and seek to trip up the victim as much as possible.
A common defence (some have cynically argued the only defence) to a personal injury lawsuit is that of “contributory negligence”. According to the principles of contributory negligence if a victim is responsible to any extent for their own injuries, then they cannot hold the other party legally liable at all. Contributory negligence was a majorly contentious and controversial issue across the States, and so it was invariably reformed to a much more just policy.
Irrespective of whether contributory negligence, comparative negligence, modified contributory negligence or whatever happens to be used, the underlying principle that typifies and unites them all is the issue of fault: namely, who is responsible and to what extent.
However, unlike the Chewbacca defence, there will be a reliance upon actual evidence, not merely flowery language and obscure arguments.
Examples of relevant and useful evidence will include the likes of:
Police reports will make use of both forensic evidence, as well as the personal testimony of the police officers who actually attend the scene of the accident. Usually opinion evidence is not given much weight in lawsuits, however, the exception to this widely held rule is expert opinion. Police officers will testify as to, based on the evidence presented to them, which of the cars was moving at a higher speed (this can be determined by the length of the skid marks).
Police officers will also specify whether there were any reports of speeding by either parties to the case prior to the accident occurring, as well as whether either party has ever been convicted of a DUI or other relevant traffic violation.
Police officers are entirely neutral and impartial, and they will present their interpretation of the evidence in an objective manner which makes their testimony very compelling (or very damaging dependent upon your perspective).
If you are seeking to bring a personal injury lawsuit which relates to some automobile accident, make sure that you choose lawyers who are prepared to go that extra mile and actually obtain a copy of the police report to assist in the development of the case.