@Bilsko 85811 wrote:
Attorneys must really be racking up the hours on this one…
Err, yeah, maybe. Could be two things. First, one did in fact sue the other – and the defendant, surprised, is trying to find witnesses.
It is also possible that plaintiff is acting against advice of counsel – normal counsel would be that at this point, if you dont have the evidence and witnesses, its going to be hard to build a case. However there are clients who wont let go and demand cases proceed “for the principle of the matter” or whatever.
I was a clerk in a court for about a year and a half on a rocket docket. We maybe had 700 cases. Of the very few cases that came to court, they fell into two categories:
(a) Very complex cases where who was right or wrong is not clear
(b) Attorneys who cannot negotiate their ways out of paper bags – lousy lawyers and lousy clients who dont know how to settle or terminate lousy cases.
So what is the take away…. Read that Bike Lawyers book (he was giving them away BTWD!) or print off can carry the WABA form on what to do in event of an accident. Or there is the forum post on the same. There may be an APP for this?? There is for car accidents (pretty much the same data)
Simple answer: get evidence: witnesses, photos, police reports.
And if you ever witness a cyclists accident – help a fellow cyclists out (who may be dazed or in shock) and gather the evidence for that person.
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