This blog is about an ongoing injury case. (yesterday’s blog) I told you about looking at the glass half empty or the glass half full. Here’s how to apply it to a car and truck crash.
All cases have their own story. The facts either grab you or they don’t and a jury decides quickly on how they feel about a case. Much like a writer tries to grab you with the first words of a book, so that you will keep reading.
Ernest Hemingway wrote, “He was an old man who fished alone in a skiff in the Gulf Stream and he has gone eighty-four days now without taking a fish.” The Old Man and the Sea (1952). That’s a grabber!
It’s after 11pm. A passenger truck driver decides to take his family up to Wawa to get some food. According to the driver, because it was raining, they decided to turn around and go back home. Then, after making a U-turn, they were rear-ended by an oncoming car.
The driver of the car says he was driving down the road at the posted speed of 55 m.p.h. All of a sudden, a truck headed in the opposite direction does a U-turn in front of him. It comes right into his lane. So, he fades over into the other lane to avoid the truck.
The truck begins to speed up. As the car gets closer to the truck, the truck begins to “fish tale” into the car’s lane. The car attempts to get out of the way and also hits its brakes. However, the comes into contact with the right rear quarter panel of the truck. There is some significant damage.
The first lawyer tries to prove the case by focusing on why the truck driver was out at 11pm to get food; why he made a hurried U-turn and that the crash occurred in the right rear quarter panel… which suggests that the truck may have faded into the car’s lane. The point of impact argument.
The insurance company for the truck defends the case on the car contributing to the crash, based on the description of the crash and the lack of witnesses for either side.
The second lawyer takes over the case after the first lawyer can no longer handle it. He also again talks to the client/car driver. The client says that the truck that came into his lane was a racing truck, with big tires on the back. A closer inspection of the pictures provided by the insurance company show that the tires were large and slick without traction; what you would expect on a racing truck. They were racing tires.
Someone who knows about truck racing says that, sure enough, those are racing wheels and cannot be used in the rain. Now, that sounds like an explanation for why the truck driver did a U-turn, instead of going to the Wawa… because it had started to rain. After making the turn, the tires without tread could not get traction… causing the truck to fish tale into the car’s lane of travel. The truck driver realized he needed to get home as the rain started coming down.
Now, the story of the case has changed. A different way of looking at the case, despite having all the same facts. It now becomes a story about a racing truck that should not have been on the highway in the rain. As I now hear these facts… I see a glass almost full!!!!!
And for pic o’ day, it’s how you look at things…
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