Driver Swears He Wasn’t Speeding…How Do We Prove He’s Right or Wrong?
NY Car Accident Lawyer
You should know that in New York, in a car accident case, we don’t actually have to prove anything. Technically, we only have to show that you are more likely right than wrong. In legal terms that is known as the ‘preponderance of evidence’.
In every single car crash case, I always want to know what speed the driver of the other car was going. I want to know his speed when he first saw your car.
I want to know his speed as he continued to progress to the point where the impact occurred.
I want to know his speed at the time of impact.
There’s a key reason for all this.
If the driver of the other car was speeding, that would be considered some evidence of negligence or carelessness. To get technical, that would be some evidence that the other driver violated the basic rules of the road.
We need only show that we are more likely right that wrong that he was speeding at the time of the accident. Then, we can argue at the end of the case that this is some evidence of carelessness.
In addition, we will always ask the judge to explain to the jury what it means if a driver violated the basic rules of the road. There is a special jury instruction that is given to the jury in that instance.
Basically, if the jury determines that the other driver violated the rules of the road, that will be some evidence of negligence.
Taken together with other evidence presented during the case including police reports, witnesses and other testimony, the jury can come to the conclusion that we are more likely right than wrong that the person you have sued is legally responsible for causing your accident and your injuries.
During pretrial testimony, every driver will swear, whether intentionally or unintentionally that they were not speeding. It is my job, as the attorney who represents an injured victim, to determine whether or not that testimony is credible and truthful.
There are different ways to determine whether or not the witnesses is being truthful.
None of those methods involve injecting the witness with truth serum.
Instead, there are different strategies and tactics that we use to lock a witness in to specific pre-trial and trial testimony about what they remember concerning their speed, their distance from one point to another and the time it took them to go that distance.
Watch the video to learn more…
Here’s a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm
Here’s a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6
To learn more about how car accident cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021