Oakland Personal Injury Attorney Blog
In some vehicle accidents, determining which driver was at fault can be something close to obvious. In a rear-end accident, the blame very often (but not always) lies with the rear driver for following too closely. Other accidents, such as a “T-bone” collision, are not so obvious. A T-bone collision may be the result of the either of the two drivers improperly failing to yield the right of way.
When you are faced with the latter type of scenario, you need all the evidence you can get to establish that your version of events is the correct one, that your version matches the physical evidence of the accident scene and that you are entitled to compensation. To get that proof you need to put on the most persuasive case possible, be sure you have an experienced Oakland injury attorney representing you.
With the necessary evidence, the outcome can be one that results in a substantial payout. Take, as an example, the recent case (Los Angeles Superior Court Case. No. BC660851) of J.M., a Southern California driver. J.M. was driving home in afternoon rush-hour traffic on Victory Boulevard in Van Nuys when she suffered a serious injury. Reportedly, J.M. was traveling in the outside westbound lane when a limo driver tried to cross all seven lanes of Victory Boulevard. He made it across the first six OK, but when he slid into the seventh lane — J.M.’s lane — it was mere moments before J.M. reached that spot. J.M. t-boned the limo.
The accident caused J.M. to suffer substantial harm. Specifically, she injured two discs in her cervical spine. For two years, her medical team tried to treat the problem with injections and other conservative techniques. Eventually, though, replacement surgery became unavoidable on both of the discs.
When you’re injured in an accident like the one that harmed J.M., it is particularly important to amass all of the factual evidence you can about the details of the accident itself. That’s because accidents like J.M.’s can come down to what lawyers often call a “swearing contest,” which means the case comes down to one side’s sworn witness testimony versus that of the other side and which side is more believable to the jury. (In family law, this might be called a “he-said-she-said” case.)
In J.M.’s case, she alleged that the limo driver made an unsafe entrance into her lane and cut in front of her without enough time for her to stop. The limo driver alleged that he made a safe maneuver and that J.M. improperly failed to yield the right of way, which was the cause of the accident.
The more physical evidence you have that matches your version of events, the more credible that will make your testimony. The more credible the court finds your testimony to be, the more likely you will be to achieve success. Expert witnesses can also help. An accident reconstruction expert can help clarify the nature of the crash for the jury and help them to understand the science of the accident and how the physical evidence backs up your version of the accident, including the cause and the defendant’s liability.
Ultimately, J.M.’s evidence had that necessary degree of credibility, as the jury found the limo driver to be 85% at-fault for the accident. That meant, that even after a 15% reduction, J.M. still received a total damages award in excess of $1.1 million.
For the advice and advocacy you need in your T-bone or other vehicular injury accident, count on the skilled Oakland car accident attorneys at the Law Offices of Stephen M. Fuerch. We have helped many people injured in a full array of auto accidents and are ready to get to work for you. To learn more, contact us through our website or call our office at (925) 463-2575 to schedule your confidential initial consultation today.