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Evaluate this fact pattern
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Date: February 28th, 2024 12:54 PM Author: Wonderful den boiling water So plaintiff is driving north on a one lane road (one lane north one lane south) when a southbound car comes careening toward him and crosses into his lane of traffic. Plaintiff pulls to the right to try to avoid the collision and contact between the cars is defendants driver side front to plaintiffs driver side rear tire well.
Defendant claims to cops that his front driver side tire “popped” before the crash and that he heard a bloosh sound of the pop and then the car started pulling to the left into plaintiffs lane of traffic.
Photos of the tire in question clearly show that it’s now flat but it’s unclear whether the tire was damaged before or as a result of the impact. No one else beside defendant heard the bloosh sound. Plaintiff says he saw defendants face right before impact and defendant was looking down right before impact. A Second witness who was in another car who avoided impact from careening defendant says she heard no bloosh and that defendant smelled of weed after the crash. Assume last part gets in … it’s a bench trial and witnesses say stuff you can’t always keep out. ).
Defendant says he bought his car 30 days beforehand and never took to garage, just gave it a once over at wawas right after purchase to make sure oil and air pressure were good. Paid $1200 for it. 20 year old Honda. Missing hubcap on another tire. Mismatched engine cover. 180,000 miles on it. Bought from a Mexican on Facebook. Admits tires were probably retreads.
Plaintiff incurs $12000 in medical bills but this amount can easily be reduced post trial. There’s only $30k in possible coverage.
As plaintiffs counsel do you have Bench trial or do you settle for something under $30k. ? Why why not |
Date: February 28th, 2024 1:07 PM Author: Wonderful den boiling water Any takers? I should add that the jurisdiction at issue is a relatively poor jurisdiction, and there are many such cars like defendants on the road there. … |
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Date: February 28th, 2024 1:12 PM Author: Pea-brained Bawdyhouse Chad First off, stop raping your son. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47447357) |
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Date: February 28th, 2024 8:01 PM Author: Olive University Sound Barrier (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448883) |
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Date: February 28th, 2024 8:08 PM Author: Cerebral School Headpube (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448902) |
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Date: February 28th, 2024 9:38 PM Author: thriller dark station ratface (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449148) |
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Date: March 1st, 2024 10:18 PM Author: provocative karate (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47455284) |
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Date: February 28th, 2024 1:16 PM Author: Chest-beating space the city is at fault for not making double lane roads or poasting speed limits or providing a shoulder where cars can safetly pull over onto. also, tire companies. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47447368) |
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Date: February 28th, 2024 3:42 PM Author: Wonderful den boiling water I know you are joking but you are not far removed from what good lawyers try to do with underinsured cases. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47447939) |
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Date: February 28th, 2024 2:00 PM Author: Wonderful den boiling water Anyone? This is a lawyer board right (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47447544) |
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Date: February 28th, 2024 3:45 PM Author: Wonderful den boiling water (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47447949) |
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Date: February 28th, 2024 2:26 PM Author: hairraiser lemon affirmative action stfu spaceporn (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47447640) |
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Date: February 28th, 2024 8:20 PM Author: Olive University Sound Barrier (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448946) |
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Date: February 28th, 2024 2:42 PM Author: hilarious turdskin one lane road =/= two lanes (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47447692) |
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Date: February 28th, 2024 2:42 PM Author: nudist background story trailer park i had to stop reading because of this. i just assume everything else is as wrong as this so there is no sense in reading on. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47447700) |
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Date: February 28th, 2024 3:48 PM Author: Wonderful den boiling water Saying “one lane road (one lane north one lane south)” is an effective way to clearly relay to both smarts and dumbs that there are no additional lanes for a driver to merge into. Do you have anything to say in response to the actual fact pattern. |
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Date: February 28th, 2024 4:44 PM Author: hilarious turdskin yes, i do. what he is describing is a classic "two lane" road.
===
A two-lane expressway or two-lane freeway is an expressway or freeway with only one lane in each direction, and usually no median barrier. It may be built that way because of constraints, or may be intended for expansion once traffic volumes rise. The term super two is often used by roadgeeks for this type of road, but traffic engineers use that term for a high-quality surface road. Most of these roads are not tolled.
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Date: February 28th, 2024 5:28 PM Author: hairraiser lemon affirmative action A "one lane road" always refers to the sort of road where you have to be careful because there could be someone else driving in the same lane as you but going the other way. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448368) |
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Date: February 28th, 2024 5:47 PM Author: Wonderful den boiling water Sure. But how do you describe the roadway in talking with people? If you say two lane roadway in the context of a car crash, many if not most people are going to think of a roadway with a left lane and a right lane both going in the same direction, not the road at issue here. I try to avoid that confusion from the start by saying what I mean.
But if it makes you feel better, I can simply say a two lane roadway now that we’ve addressed this material point.
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Date: February 28th, 2024 6:35 PM Author: hilarious turdskin https://www.youtube.com/watch?v=F_CyCcknnsE
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Date: February 28th, 2024 7:20 PM Author: Wonderful den boiling water Nice tune. But can I redirect you to the OP? |
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Date: February 28th, 2024 3:50 PM Author: Wonderful den boiling water So I’m just going to conclude from the lack of substantive responses here that most posters would be completely bewildered by litigating or even thinking through something as simple as a motor vehicle accident case, much less more complicated fact patterns like public policy determinations or simple critical thinking prompts. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47447965) |
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Date: February 28th, 2024 7:02 PM Author: hairraiser lemon affirmative action Whatever you say 🤡 (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448707) |
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Date: February 28th, 2024 7:19 PM Author: Wonderful den boiling water Why does this thread make you so mad? (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448767) |
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Date: February 28th, 2024 7:40 PM Author: milky institution cr. the vast majority of xo is indeed completely bewildered by litigating a $20k pi case. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448832) |
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Date: February 28th, 2024 7:42 PM Author: Wonderful den boiling water The doors of justice should open for all comers. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448836) |
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Date: February 29th, 2024 12:58 PM Author: sick cracking famous landscape painting i doubt most of us would have much to say in response to a janitor complaining about the efficacy of his mop bucket (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47450746) |
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Date: February 28th, 2024 4:59 PM Author: Indecent Chestnut Factory Reset Button Lodge Should you be taking this case? (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448264) |
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Date: February 28th, 2024 5:42 PM Author: Wonderful den boiling water Tell me your thoughts. Why not? Are you questioning liability? That is, are you questioning whether I can show that the defendant was at fault? Or just that it’s a small case in the grand scheme of cases? (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448403) |
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Date: February 28th, 2024 9:40 PM Author: Outnumbered Aromatic Mad Cow Disease (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449159) |
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Date: February 28th, 2024 7:23 PM Author: hideous office round eye I wouldn't settle for less than $25k. I've also never been to law school but this is my gut instinct from what I can infer about a defendant who drives a $1200 car from Facebook marketplace while smoking weed. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448784) |
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Date: February 28th, 2024 7:27 PM Author: Wonderful den boiling water Good man. I settled for $20k. I legitimately was concerned that a judge would say “look if you say it’s negligent to operate such a car on the streets of xxx town then 20 percent of the drivers here would be negligent every day.” The weed testimony would be from a white Karen type woman testifying about a black man fwiw. At $20k I will probably net about $5k as will the plaintiff. We will do a fee split rather than my contractual third as that’s the classy approach for long term career type practice imho and no client can ever say the lawyer took more than the client I actually asked plaintiff if I could try it for fun but reminded him it was his money and he said no because he didn’t want the medical bills to mess up his credit.
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Date: February 28th, 2024 7:30 PM Author: cocky french mexican step-uncle's house how much of that 20k is going to be paid to providers (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448804) |
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Date: February 28th, 2024 7:30 PM Author: Wonderful den boiling water Probably about $8k. I am extremely good at my work. All matters are resolved in a manner favorable to my client. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448805) |
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Date: February 28th, 2024 8:03 PM Author: cocky french mexican step-uncle's house 20000 * 2/3 = $13,400
$13,400 minus $8,000 = $5,400
$5,400 minus fees and costs = ~$4500
so your client is walking away with 4500 cash in pocket? |
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Date: February 28th, 2024 8:07 PM Author: Wonderful den boiling water It will be closer to $5500 as costs are not really that high. I’m not normally allowed to depose the defendant before a bench trial like this but I agreed not to take judgment over coverage limits in exchange for the additional information a brief deposition on defendants automobile maintenance issues would net me. As I said, I’m really good at what I do. And remember my fee in this case was the same as what client nets. I reduce my contracted fee of one third in the event that I would otherwise net more than client. I pride myself on my work. The actual math is 8000 to specials, 1000 to costs, $5500 or so to me and $5500 or so to client.
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Date: February 28th, 2024 8:16 PM Author: rambunctious obsidian digit ratio You’re such a shitty lawyer it’s infuriating you’re allowed to practice (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448929) |
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Date: February 28th, 2024 8:16 PM Author: Wonderful den boiling water Why does this thread make you so mad? (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448933) |
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Date: February 28th, 2024 8:01 PM Author: Olive University Sound Barrier If you mock/defame/threaten Mexicans on Facebook ur trash (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448882) |
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Date: February 28th, 2024 8:24 PM Author: disrespectful center doctorate Evaluating the fact pattern from a legal standpoint, the decision whether to proceed with a bench trial or to settle for an amount under the $30k insurance policy limit requires careful consideration of several factors. The defendant's vehicle crossing into the plaintiff's lane prima facie establishes liability, especially given the circumstances leading to the collision. The defendant’s explanation that a tire pop caused the vehicle to veer unexpectedly could introduce an element of unforeseeable mechanical failure, which might complicate the liability aspect. However, this defense is weakened by the defendant’s admission regarding the lack of vehicle maintenance, the use of retread tires, and the overall condition of the vehicle as described. Further undermining the defendant's credibility is the plaintiff's observation that the defendant was looking down immediately before the impact and a witness's comment about the defendant smelling of weed after the crash. These elements suggest potential negligence or impaired driving on the defendant's part.
Given the strength of the evidence suggesting negligence, the plaintiff's counsel must weigh the likelihood of securing a judgment that exceeds the available $30k insurance coverage against the risks and costs associated with trial. The presence of $12,000 in medical bills, which could potentially be reduced, also plays a crucial role in this decision-making process. If the plaintiff's counsel believes that the evidence of negligence is compelling and that a judge in a bench trial would be receptive to these arguments, proceeding to trial could result in a judgment that fully utilizes the available insurance coverage or potentially exceeds it, considering the defendant's personal assets. On the other hand, settling for an amount under the $30k limit could provide a guaranteed outcome for the plaintiff, avoiding the uncertainties and expenses associated with trial. The choice ultimately depends on a strategic assessment of the likelihood of success at trial, the potential for a higher recovery, and the plaintiff's preferences regarding risk and resolution timing.
Considering the evidence indicating negligence on the part of the defendant, including the condition of the vehicle and the circumstances leading to the accident, I would lean towards proceeding to a bench trial. This decision is based on the strength of the case against the defendant and the potential to fully utilize or exceed the available insurance coverage, thereby maximizing the compensation for my client's damages and injuries. The trial presents an opportunity to argue the points of negligence and liability effectively before a judge, especially given the compelling evidence and witness testimonies. |
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Date: February 28th, 2024 8:28 PM Author: Wonderful den boiling water Outstanding! Wow! Holy shit! The conclusion to try the case was actually wrong unless the plaintiff is not economically vulnerable otherwise but I love this nonetheless.
Run the same thing this time with the adverse credit hit on plaintiff if it’s a defense verdict. Curious to see what our future overlord has to say.
This AI is really incredible. The only defect or analysis omission straight up besides bets on admissibility and bad rulings on evidence is the consequence to the plaintiff of taking a $12k credit hit if the judge found we don’t meet our burden of proof. |
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Date: February 28th, 2024 8:36 PM Author: boyish theater stage you should have no trouble getting actual meds. what kind of evidence are you going to be able to show for paying suffering and loss enjoyment of life?
looks like a MIST case to me. death
you should have liability for either driving or car maintenance, seems not a punitive case |
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Date: February 28th, 2024 8:37 PM Author: Wonderful den boiling water Pain and suffering is imputed by law on any PI case but I would also address that on direct that’s pointless to raise among the autists and psychopaths here when the total coverage is only $30k anyway.
Pain and suffering is not punitive fwiw. It’s just compensatory. This is not a punitives case. You don’t do much PI I am guessing. |
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Date: February 28th, 2024 8:39 PM Author: boyish theater stage minor impact soft tissue = major risk for a meds only verdict in my state. settle and move on to something that will actually make you money (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47448994) |
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Date: February 28th, 2024 8:41 PM Author: Wonderful den boiling water I hear you. There’s a reason I secured a bench trial. But stay focused so we don’t get the useless hooting and retard takes. |
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Date: February 28th, 2024 8:58 PM Author: boyish theater stage i take anything over 18k do you have room with the liens? (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449034) |
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Date: February 28th, 2024 9:03 PM Author: Wonderful den boiling water Ha! Yeah brother. Read my boring stuff above. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449047) |
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Date: February 28th, 2024 9:06 PM Author: boyish theater stage ok, caught it. u know what to do. are you really going to burn a weeks worth of billables to maybe get an additional 4k in fees? (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449052) |
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Date: February 28th, 2024 9:09 PM Author: Wonderful den boiling water lol. I got the case and worked it up. I probably spent about three hours actual work on it and paralegal probably spent about five hours on it also and I spent about a billion just mulling it over as a pure distraction from issues in larger cases. So … you know … I’m not making rent with it or anything. Just some xoxo fodder. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449067) |
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Date: February 28th, 2024 9:13 PM Author: boyish theater stage Rule 1: lawyer gets paid. don't stray from the rules (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449079) |
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Date: February 28th, 2024 9:15 PM Author: Wonderful den boiling water Yep.
As I said $5k for three hours for me and let’s say 5 hours for paralegal. That’s good enough for insurance work. And everyone I mean everyone got paid. |
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Date: February 28th, 2024 9:08 PM Author: hot brethren “I agreed not to take judgment over coverage limits”
“As I said, I’m really good at what I do.“
You should be sued for malpractice and you should lose. |
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Date: February 28th, 2024 9:10 PM Author: Wonderful den boiling water Great! Tell me how your collection efforts against a guy who bought a 20 year old car for $1200 goes. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449069) |
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Date: February 28th, 2024 9:12 PM Author: boyish theater stage don't you have some form of bad faith? in sc we have rules that can allow us to reach past coverage (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449075) |
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Date: February 28th, 2024 9:12 PM Author: Wonderful den boiling water No. No bad faith play here. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449077) |
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Date: February 28th, 2024 9:16 PM Author: hot brethren Your absolute confidence in your retard takes never gets old. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449087) |
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Date: February 28th, 2024 9:18 PM Author: Wonderful den boiling water Great! Explain! You should probably read the comments about appeal to a jury made below first. As I said, I’m really good at what I do. |
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Date: February 28th, 2024 9:22 PM Author: Wonderful den boiling water Go ahead ? Too many moving parts for you to process? |
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Date: February 28th, 2024 9:23 PM Author: hot brethren That makes no difference whatsoever concerning the brilliance of your decision to limit recovery to policy limits.
You committed malpractice. |
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Date: February 28th, 2024 9:26 PM Author: Wonderful den boiling water Tell me more how I’m dumb. It would be amusing if I didn’t pity autistic mind blindness. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449117) |
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Date: February 28th, 2024 9:10 PM Author: boyish theater stage wait, what? SP you didn't agree to a high-low with the high being 30k, did you (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449070) |
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Date: February 28th, 2024 9:12 PM Author: Wonderful den boiling water Think about it for a minute
In fairness. You don’t know about the automatic appeal to a higher trial w jury and full range of costly discovery that is available here if either side doesn’t like the result w the bench trial
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Date: February 28th, 2024 9:27 PM Author: hot brethren What he initially agreed to was far stupider than a high-low agreement. He agreed to completely let the insurer off the hook on the one thing it actually cared about and got nothing in return of value. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449118) |
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Date: February 28th, 2024 9:30 PM Author: Wonderful den boiling water I think you’ve missed a key component here if not several. Let me ask you, what do you think happens in the unlikely event I get a judgment over $30k at the bench trial. |
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Date: February 28th, 2024 9:32 PM Author: Wonderful den boiling water Go ahead. Spin that autistic little guess maker. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449131) |
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Date: February 28th, 2024 9:35 PM Author: Wonderful den boiling water Where did you go my little dunning krugerrand ? (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449137) |
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Date: February 28th, 2024 9:37 PM Author: hot brethren Rest assured, defense counsel, the other attorneys in his firm, all the attorneys defense counsel happens to bump into during the next month or two are going to be laughing their asses off yet another example of your brilliance. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449145) |
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Date: February 28th, 2024 9:38 PM Author: Wonderful den boiling water Tell me how little guy At this point everyone with sense wants to know why (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449152) |
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Date: February 28th, 2024 9:41 PM Author: Wonderful den boiling water Just trolling?
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Date: February 28th, 2024 9:46 PM Author: hot brethren If I thought there was any chance of you learning from your mistake, I would endure the subthread wasteland resulting from your retarded arguments because it may benefit your clients. We both know you won’t learn a damn thing no matter what I say, so there’s no point. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449180) |
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Date: February 28th, 2024 9:47 PM Author: Wonderful den boiling water So, yeah. Trolling. Milk that lolcow? As I’ve said I’m really good at what I do for a living. One of the best actually. Sorry this enrages your online persona. Maybe try to excel irl? |
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Date: February 28th, 2024 9:38 PM Author: razzle-dazzle library (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449151) |
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Date: February 28th, 2024 10:32 PM Author: blue becky party of the first part I can’t get past “bloosh”. why do we expect people in cars driving towards each other, in winter (windows closed), listening to podcasts or yappin on their phone or just generally not paying attention, to hear a “bloosh”? the rest of the fact set is dull. (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449375) |
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Date: February 28th, 2024 10:48 PM Author: Wonderful den boiling water In fairness it was in July 2022 and I’m sure the ac in a 22 year old Honda wouldn’t work so great (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47449433) |
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Date: February 29th, 2024 12:57 PM Author: sick cracking famous landscape painting "Dad, is it in yet?"
(SP jr, with his palms resting against playroom wall) |
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Date: February 29th, 2024 12:57 PM Author: Pea-brained Bawdyhouse Chad (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47450740) |
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Date: February 29th, 2024 12:59 PM Author: Cerebral School Headpube (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47450750) |
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Date: February 29th, 2024 2:10 PM Author: Outnumbered Aromatic Mad Cow Disease Why didn't you go after the tire manufacturer? (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47451002) |
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Date: February 29th, 2024 2:21 PM Author: Wonderful den boiling water A lot of reasons but I think you missed the part where it was a retread.
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Date: March 1st, 2024 10:20 PM Author: Wonderful den boiling water Dumb shit (http://www.autoadmit.com/thread.php?thread_id=5497142&forum_id=2#47455286) |