Does The Drunk Driver Have To Testify During A Buffalo Personal Injury Trial?

When a drunk driver causes personal injury in a Buffalo motor vehicle accident, how the case will proceed depends upon many factors.

Those injured by drunk drivers may be glad to know, however, that in many cases it is possible to settle cases involving drunk drivers without proceeding to trial, which means that neither the injured person nor the drunk driver will ever be required to take the stand.
This is because when a driver was clearly intoxicated and caused a motor vehicle accident, that driver’s motor vehicle insurance company may feel additional pressure to resolve the case without proceeding to trial.

Also, in cases not involving drunk drivers, the lawyers representing the defendant usually will raise arguments that the injured person is at least partially responsible for the accident and could have been more careful.

This is very difficult to do when there is clear evidence of the defendant’s intoxication, as the jury will have little sympathy for the defendant and be unlikely to give him or her the benefit of the doubt regarding how the accident occurred.

Even when such personal injury cases do proceed to trial, there is no absolute requirement that the defendant testify.

Because New York State requires that anyone injured in a motor vehicle accident prove that he or she suffered a “serious injury” to successfully recover damages, there are cases where the defense will concede that the drunk driver caused the motor vehicle accident but contest the matter of whether the injuries are severe enough to qualify as a “serious injury.”

When such a case proceeds to trial, the drunk driver may be able to avoid testifying because his or her testimony usually has no relevance to the severity of the injuries and the treatment necessary.

If you have been injured by a drunk driver, it is often possible for an experienced personal injury lawyer to recover damages without going to trial.

Please call us at 585-484-7432 for a legal consultation.

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