The Withering Examination
Q: On a rainy night, while I was a passenger, my friend backed his car out of a driveway and into the path of another car.
A: The operator of a car with the right-of-way is entitled to anticipate that your car will obey the traffic laws that require your friend to yield. So the other driver will try to establish that your car suddenly entered his lane and that there was nothing that he could have done to avoid the collision. You will counter that the other driver had a duty to see what – through the proper use of his senses – he should have seen.
At deposition, your attorney will ask the other driver a variety of questions. “Were you using your windshield wipers? Had you had any drinks on that night? How many? What medications had you been prescribed at that time?”
Your attorney will have follow-up questions. “Did you feel impaired by the alcohol? Why did you tell the police at the accident scene that you had consumed no alcohol at all? Why were you in process of switching seats with the owner of the car when the police arrived?”
The withering examination will continue. “Do you recall where you were looking prior to the accident? Why did you not even attempt to avoid colliding with the car in which the plaintiff was seated?”
These questions are mere samples, and each case is different. Your attorney will strive aggressively to establish that the other driver (a) failed to drive in a lawful and prudent manner immediately before the accident and (b) failed to engage in a reasonable response once your car appeared in the lane.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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