Expert: Bennie719 - 3/7/2008

Question
QUESTION: Hi, I drove on the County HWY under the speed limit, but a car suddenly attempted to make a left turn by entering from a side road.  I was T-bound. The other car driver was cited by failure to yield when entering the roadway. The defense attorney attacked me negligence. I know it is the defense attorney's customary tactics. Besides the submission of the police report, how shall I effectively defense myself from the defense attorney’s negligence attack in a court? Thank you for your answer.

ANSWER: Hi Ryan,
Something is missing from your question.  I clearly understand that you were involved in a non fault accident, that a police report was made and the other party was cited for failure to yield.
Then your question jumps to your being attacked in court by the defense attorney.
Why were YOU in court?
If this court appearance was related to the accident, in what way?
Why didn't your own insurance provide an attorney to go to court with you?
Please give me a better picture of the entire situation so I can answer your question.
Sincerely,
Bennie
San Francisco Bay Area

---------- FOLLOW-UP ----------

QUESTION: A lawsuit is filed in a small claims court because the adverse insurance keeps lowball offer. After the lawsuit is filed, the adverse insurance hires a defense attorney to blame me negligence. I have read some experts posts. This is an attorney’s customary tactics because he tries to shift at least partial responsibility to the no fault driver side. So the at-fault driver insurance can pay less. Do you know how shall I effectively defense myself from the defense attorney’s negligence attack?

Answer
Hi Ryan,
Thank you for the clarification.  Your are correct that this is a common practice and you probably have the right to object to many of the attorneys statements and questions, but since you are not a lawyer, you don't know which ones.
There are all kinds of dirty tricks and delaying tactics known by the attorney but unknown by the average person like you and I.
If you carry auto insurance, you should notify your company of the situation.  Since they are trying to claim that you were a percentage at fault in the accident, your own insurance company should be providing an attorney to help you in small claims court.  If the opposing attorney is able to convince the judge that you were 30%
at fault, that will reduce your settlement by 30% and you will owe the other party 30% of their damage.  If you have not notified your own insurance of these proceedings, they can deny paying the 30% and it will come out of your pocket.
If you don't have insurance, then you should immediately retain your own attorney.
I hope this information is helpful.
Good Luck,
Bennie