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THAT INFLUENCE JURORS (AND INSURERS) IN AUTO ACCIDENT CASES

FACTORS4

When deciding which driver was at fault in an auto accident case, jurors typically take a hard look at the following 4 factors.

Insurance adjusters and defense attorneys are aware of these factors and taktake them into consideration in determining how much to offer to settle the case.

4FACTORS

Jurors frequently punish the driver who had the best opportunity to avoid the accident. Most jurors have experienced firsthand the vulnerability that both drivers can feel in a collision or near-collision, and as a result are most interested in learning who had more power to prevent the accident.

WHICH DRIVER HAD THE BEST CHANCE TO AVOID THE ACCIDENT?1

Likewise, the driver who had the largest number of options for preventing the accident is held to a higher standard. Jurors often apply 20/220/20 hindsight unforgivingly to a driver who had multiple ways to avoid a collision.

WHICH DRIVER HAD THE MOST OPTIONS FOR PREVENTING THE ACCIDENT?2

Most jurors give great weight to the police officer’s description of the accident and any citation or other assignment of fault. They will use it as an important starting point in understanding whawhat happened. Jurors view cops as unbiased and accurate sources of accident information.

WHAT DOES THE INVESTIGATING OFFICER SAY?3

Jurors are keenly interested in eyewitness accounts. Detailed eyewitness accounts are highly persuasive, and can often be the tie-breaker between competing stories. Jurors are hungry for a neutral, unbiased account of the incident.

WHAT DO THE EYEWITNESSES SAY?4