When you’ve been injured in an auto accident, you may have a case for damages. Even with a strong claim, there are several things you’ll need to do if you are to convince a jury and receive a favorable verdict and award of compensation. In many cases, achieving a successful result may rely, to a significant degree, on having compelling and persuasive expert witness testimony. Knowing which type of expert testimony, and which type of expert witnesses, you need to succeed is one of the areas where experienced California auto accident counsel can help you and your case.
One case (Monterey County Superior Court Case No. M133274) in which experts played an important role was a truck accident involving Sabino, a man who was hurt traveling along Highway 101 in Monterey County. Sabino was headed southbound on Highway 101 at around the same time that Dalvir was approaching Highway 101 on eastbound San Juan Road. Dalvir steered his tractor-trailer onto the southbound 101 and stopped. Sabino tried to stop his Honda Accord in time but could not, eventually crashing into the rear of Dalvir’s truck. Sabino suffered serious injuries in the accident. Specifically, Sabino alleged that the accident inflicted a lumbar spine injury upon him and that it forced him to undergo lumbar decompression and fusion (back) surgery.
The car driver sued the trucker and the trucker’s employer for the injuries he suffered. Sabino’s lawsuit asserted a fairly common and familiar claim as the basis for recovery: that Dalvir was negligent because he improperly failed to yield the right of way when he pulled in front of Sabino and stopped, and that the employer was liable because Dalvir was acting within the scope of his job when the accident happened.
In a personal injury lawsuit, your opponent may attempt to defeat your case by convincing the jury that you, rather than the defendant, were actually the one who was at fault. The trucker and his employer attempted such an argument in Sabino’s case. They contended that Sabino was speeding (60 mph in a 55-mph zone) and that, if Sabino had been obeying the speed limit, he would have been able to stop in time and avoid the crash.
When you find yourself in a situation like Sabino’s, the outcome of your case often comes down to each side’s evidence, and that often boils down to which side’s expert opinion evidence is more persuasive. Knowing the right kind of expert evidence you need to get in front of the jury, and making sure that the evidence you want comes from reliable and authoritative experts, can be key. In Sabino’s case, he had three expert witnesses on his side. One was a licensed orthopedic surgeon from Los Angeles. The other two, his accident reconstruction and biomechanics experts, were both “PEs,” which means that each was a licensed professional engineer. According to the National Society of Professional Engineers, “PE licensure is the engineering profession’s highest standard of competence.”
All of this evidence was enough for the jury, who awarded Sabino more than $700,000 in damages, which eventually yielded a settlement of the case for the sum of $750,000.
If you’ve been hurt in a vehicle accident, you need the skill and knowledge that an experienced attorney can provide. The diligent San Mateo auto accident attorneys at the Law Offices of Galine, Frye, Fitting & Frangos have been providing this sort of reliable counsel and representation to our clients for many years. To set up a free consultation with one of our experienced attorneys, contact us at 650-345-8484 or through our website.
More Blog Posts:
Injured Southern California Driver Recovers $669K After Her Accident Cost Her a Lucrative New Job, San Mateo Injury Lawyers Blog, published Nov. 22, 2017
Injured California Driver Manages to Keep Out Evidence of Marijuana Use Because It Was Too Speculative, San Mateo Injury Lawyers Blog, published Aug. 9, 2017