This is the next post in our series on the the handling of Fort Worth, Texas motorcycle accident cases. Our last post explained the need to conduct discovery after a motorcycle wreck. The victims of such an accident must understand that discovery is the process through which evidence is collected and, without such evidence, it may be difficult to recover the compensation you deserve. In this post we will discuss another important topic – what to expect from the trial process. We cannot stress enough that litigating such a matter can be highly complicated. It is important that you retain a personal injury attorney with experience in handling such matters. If you or a loved one have been injured then it is important that you contact a lawyer as soon as possible.
We previously discussed the trial process in a slip and fall case. 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.
The Plaintiff’s lawyer will make an opening statement after the jury has been empaneled. The defendant’s counsel will then make their opening statement. The Plaintiff 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 follow with “rebuttal” evidence. The Plaintiff may not use the rebuttal phase of the trial to raise new issues or arguments; 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.
Trials can be highly complicated. This is especially true in matters which involve a motorcycle accident. The defense will often claim that the rider of the motorcycle was actually at fault and, again, comparative negligence may be an issue in such matters. These types of claims can raise complicated issues of fact and law. It is, therefore, important that you retain a lawyer who is able to present such information to the jury in a way which is both concise and easy to follow. When selecting a Fort Worth motorcycle accident lawyer, we suggest that you retain a firm which employs multiple attorneys, which has a history of taking case to trial, and which is also selective about the types of cases it handles.