The mystery car or phantom vehicle is one tactic sometimes used by trucking companies after a driver causes a collision. Someone who was injured during this type of collision will need an Automobile Accidents Attorney for professional legal representation. Otherwise, it can be difficult to refute the truck driver’s claim that another driver was actually responsible for the incident. The burden of proof is on the plaintiff and not the trucker.
The Mystery Car
Sometimes the truck driver says a passenger vehicle swerved in front of the truck, causing a loss of control. As that passenger vehicle sped off into the distance, the truck driver was unable to avoid striking another passenger car in the adjacent lane. An Automobile Accidents Attorney works to persuade the insurer that this type of defense is nonsensical. Investigators will look for eyewitnesses who were at the scene and will dispute that claim of a phantom car.
The Role of Evidence
If witnesses verify that there was no mystery car involved, the trucking company must find evidence to dispute that testimony. Otherwise, if the case were to go to trial, the insurer realizes that the jury is likely to side with the plaintiff. If there is no evidence because there actually was no other vehicle causing a problem, the insurer will be more inclined to cooperate by paying a deserved settlement.
The legal system relies on facts instead of allegations and accusations. Law enforcement has probably already determined that the truck driver made a hazardous move. If not, expert witnesses can be called by a lawyer such as Chris Richard, Attorney at Law, to reconstruct the scene of the accident. This may be helpful to establish significant doubt that any phantom vehicle swerved into the lane and then disappeared at top speed.
Insurance companies understand that when a truck driver is at fault for a collision, certain factors are common, and mysterious disappearing vehicles are not among those factors. Driver fatigue is one of the most typical reasons for this type of accident. Pressure from the employer to make pickups and deliveries in unreasonable time frames is another. More information on one particular accident lawyer can be seen at chrisrichardattorney.com.
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