This is the next post in our series discussing motorcycle accident cases in Hartford, Connecticut. Our last post explained the importance of the discovery process after a motorcycle wreck. Without collecting evidence using the discovery process, it may be difficult to recover the compensation you deserve. In this post we will discuss what victims and their families should expect from the trial process. Litigating such a matter can be highly complicated. It is important that you retain a personal injury lawyer with personal injury trial experience. If you or a loved one has been injured in a motorcycle accident, contact our office today to speak with an attorney.
We previously discussed the trial process related to car accident cases. This same process applies to matters involving a motorcycle accident. Trial begins with the selection of a jury. This will involve the attorneys for each side, as well as the judge, asking questions of potential jurors. If it is clear that a potential juror cannot be impartial, then the Judge may remove them from the jury pool for “cause.” The attorneys for each side may also remove potential jurors from the pool by using one of a limited number of challenges which they receive. The attorneys, however, may not remove a candidate from the pool for reasons involving ethnicity, gender, religion, or some other discriminatory reason. Once the final group of jurors has been selected, then the jury will be empaneled.
To begin the trial, attorneys for each party, starting with plaintiff’s counsel, will make opening statements to the court. The plaintiff’s lawyer will then present their evidence and witnesses. The defense will follow with the presentation of their case. Once the defense has presented their case, the plaintiff may “rebut” the defense’s evidence. The plaintiff may not raise new issues or arguments during the rebuttal phase of the trial. They may only use this phase of the case to directly refute claims made by the defense during their case. Once rebuttal has concluded then each side will make a closing argument and the jurors will deliberate. A verdict will be issued in regards to liability, comparative fault, and damages. How the jury will rule in any given matter will always depend on the specific facts of the case.
Motorcycle cases can raise complicated issues of fact and law, including which party is liable, comparative fault, and damages. It is very common for defense attorneys to argue that a motorcycle operator bears at least partial responsibility for the crash. Lawyers often dispute their driver’s liability by claiming that a rider’s erratic driving led to the accident or lack of protective gear exacerbated their injuries. If the jury is convinced that the cyclist was partially liable, the injured party’s damages may be proportionately reduced or barred completely. For obvious reasons, plaintiffs’ attorneys must be prepared to dispute these claims and communicate complex factual matters to the jury. It is important, therefore, to retain counsel with jury trial experience with the ability to present your case effectively and in understandable terms.
Our firm has experience with personal injury cases in Hartford, Connecticut and understands how to address these issues at trial. Call us today to speak with a motorcycle accident lawyer. We also service the areas of Wethersfield, New Britain, Rocky Hill, East and West Hartford, Bristol, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.