Except for professional bull riders, most employees feel entirely safe at work. They think about paychecks. They don’t anticipate a catastrophic accident that could change their lives forever. But that’s exactly what happened to one of KL Injury Attorneys’ clients who worked in the auto business. One fateful day at work, the unthinkable happened: without warning, a truck suddenly accelerated and ran him over.
Surveillance footage of the accident showed the shocking collision from multiple angles. But this black-and-white evidence wasn’t enough to prove his cause. So, KL gathered every weapon in its personal injury arsenal to help this victim get the money he deserved.
A Day at Work Takes a Catastrophic Turn
It was a typical day on the job at first.
KL’s client was walking between cars to turn in paperwork. He, and every other employee, had done this a million times before. But this time, a parked truck unexpectedly shot forward. Other employees around the renegade vehicle frantically jumped out of the way, but KL’s client had nowhere to run. The truck struck him and knocked him down, rolling over him several times as the tires crushed his body.
He was fortunate to survive the accident—something not everyone run over by a truck can say—but his injuries were extensive and horrifying. His leg suffered a degloving injury where the tread ripped open the skin, which became severely infected. He also sustained an open-book fracture to his pelvis and a torn shoulder, along with numerous broken bones. His injuries required multiple hospitalizations and a wound vac to drain the pus from his infected leg. The recuperation process was complex and continues to this day. It will likely take years to recover, and it’s unclear if he’ll ever return to normal.
Adding insult to injury, the company he worked for terminated him shortly after the accident. Due to his age and substantial injuries, he was slower on his feet, so the company felt he could no longer perform his job correctly.
As a result, he had no income, severe wounds, and mounting medical bills. He had no time to spare, so KL brought the case to the finish line as quickly as possible while investigating every aspect thoroughly.
Fighting the Defense with Facts
Most people can’t comprehend how anyone could look at a case like this, especially with video footage, and think the victim was at fault. But KL has learned that when an issue seems simple, the defense team tries to find a way around it. They will often say it was a “freak accident” and try to blame the victim. KL is familiar with these unfair tactics, which is why its personal injury team gathers as much evidence and expert testimony as possible.
Unsurprisingly, the defense did exactly what KL expected.
First, the defense tried to blame KL’s client, saying he had been walking in an area he should not have been. Here, KL used the footage to show that was false. The video recording made it clear that everybody had to walk through the same area to reach the office doors due to the layout of the location.
Second, the defense claimed the driver of the truck didn’t slam on the gas. Instead, they said, the vehicle mysteriously shot forward on its own due to a freak mechanical failure. To combat this line of reasoning, KL preserved the truck right away and brought in multiple experts to tear it down to the accelerator and inspect every component. The inspections confirmed it was in perfect working order and the gas pedal was functioning properly. KL Injury attorneys even went a step further, making 3D renderings of the vehicle to prove that spontaneous acceleration was impossible.
Using a Mock Trial in the Battle for Damages
KL’s evidence disproved the defense team’s arguments. But that was only one part of the battle. KL also had to win the fight for damages, which brings up the question: what is someone’s pain worth? Unfortunately, to an insurance company, it’s worth nothing until the jury determines otherwise. So, for KL, it was critical to create a compelling case that jurors could sympathize with.
Taking no chances, KL went the extra mile and conducted a mock trial to see how a panel of real people would respond to the evidence. They hired a trial consultant who brought in mock jurors from the community and performed an abbreviated session on camera. They filmed everything, including the mock jury’s deliberation, and watched to understand how people discussed the evidence and their thoughts about the victim.
The mock trial turned out to be essential to KL’s winning strategy because it helped them craft their arguments in a way that jurors could relate to.
Putting Up Costs to Get Results
It’s unfair, but insurance companies force victims to prove every aspect of their accident—even if it’s recorded on video. So, in every injury case, it’s vital to work with a law firm that creates a comprehensive strategy for success. In addition to mock trials, that includes hiring experts to re-create the accident and refute every possible claim from the defense.
That’s precisely what KL did in this auto accident case. But unfortunately, not every personal injury firm invests in these resources because mock trials and expert witnesses are expensive.
The Bottom Line
KL knows that going above and beyond pays off significantly. It never relies on video evidence alone because if it had in this case, the defense’s “sudden acceleration” theory and victim-blaming arguments might have won. Fortunately, KL is willing to spend the time and money to attain expert witnesses and conduct mock trials because they know that will help the client’s settlement grow.
In this auto accident case, KL’s meticulous work paid off. We were able to get a settlement for the client just before the case went to trial for multiple seven figures.
If you’ve suffered a personal injury and need a law firm that will go the extra mile, contact KL Injury Attorneys today. It only takes a few minutes to gain insight into your case at no cost to you.