Dealing with insurance companies is a frustrating lesson in reading the fine print. You buy car insurance because state law requires it, and you think that the insurance will cover you if you get injured in a car accident. t turns out that the insurance will pay “except if the following conditions apply,” followed by a pages-long list of exceptions. Some things seem clear enough, though. If a driver was charged with a crime in connection to causing the accident, and he or she pleaded guilty, this is the strongest possible evidence that the driver was responsible and the injured party is entitled to compensation. In fact, when a driver pleads guilty to a traffic crime, and the person injured as a result of that traffic crime files a personal injury lawsuit, it automatically means that the court rules in favor of the plaintiff, or at least it should. If you got injured in an accident so preventable that the at-fault driver received criminal charges, but you are struggling to get compensation for your accident-related financial losses, contact a Santa Fe car accident lawyer.
At-Fault Driver’s Insurance Company Continues to Deny Responsibility, Even After Driver Pleads Guilty
In 2020, Michael Hurley was riding his motorcycle in Roswell while he was visiting from Georgia. A driver made an illegal turn and struck him, causing fatal injuries. The driver received criminal charges for vehicular homicide, pleaded guilty, and went to prison. Hurley’s brother, Scott Hurley, filed a claim with the at-fault driver’s insurance company, but the insurance company refused to compensate him. He eventually filed a lawsuit. Only after four years of litigation, as the case was about to go to a jury trial, did the insurance company agree to pay Hurley’s family an $18 million settlement.
The notable thing about this wrongful death case is not that the victim’s family eventually received a settlement but rather that it took so long. Lawsuits are never quick or painless, but this should have been a straightforward matter. A guilty plea by the defendant in a criminal case should mean an automatic win for the plaintiff in civil court. More ambiguity arises when the defendant pleads no contest. When defendants enter a no-contest plea, they still receive criminal penalties, possibly including prison time, but it leaves the door open for the defendant not to be responsible for paying damages to the plaintiff in a civil case. A criminal conviction, even one resulting from a guilty plea, means guilty beyond a reasonable doubt, which is well beyond the standard of evidence required for a court to rule in favor of a plaintiff in a civil lawsuit.
Contact Slate Stern About Motorcycle Accident Lawsuits
Slate Stern is a personal injury lawyer who represents plaintiffs injured in motorcycle accidents. Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.
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