Is an On-the-Scene Admission of Fault Proof of a Defendant’s Liability for a South Dakota Motorcycle Accident?
In the moments following an accident, a driver may step up, apologize and admit they were at-fault for what happened. If you are the injured victim, however, do not assume that such an admission means you will automatically prevail should you need to file a personal injury claim. Indeed, there are many cases where a defendant later denies their on-the-scene admission of fault and even tries to shift the blame onto the plaintiff for the accident.
Driver Admits, Then Denies Responsibility for Striking Two Sioux Falls Motorcyclists
An ongoing motorcycle accident here in South Dakota provides an apt illustration of this problem. This case, Buechler v. Jones, involves two motorcyclists who were injured in a collision with a motorist. At the time of the accident, the plaintiffs were riding separate motorcycles in Sioux Falls. The defendant was driving his car in the opposite direction. According to the plaintiffs, the defendant suddenly turned in front of them causing them to crash.
In their subsequent personal injury lawsuit, the plaintiffs presented evidence in the form of an official police report taken at the scene of the accident. In the report, the defendant told the officer who attended the scene that he saw the plaintiffs approaching them from the opposite direction but still turned in front of them because he thought he could “beat” them before a collision occurred.
In response to the lawsuit, however, the defendant now claimed that it was the plaintiffs who caused the accident because they were speeding. Under South Dakota law, a personal injury defendant can allege such “comparative negligence” on the part of the plaintiffs. If the case goes to trial, the jury would then need to decide what percentage of fault, if any, to attribute to the plaintiffs. Any award of financial compensation would then be reduced in proportion to the plaintiffs’ fault. But if the plaintiffs’ fault exceeds 50 percent, then they would recover nothing in the case.
Interestingly, despite alleging comparative fault, the defendant in this case has also attempted to prevent pretrial discovery of certain evidence by the plaintiffs on the grounds that he has “admitted liability” and thus the information sought by the plaintiffs is unnecessary. This case is being heard in federal court (applying South Dakota law), and a magistrate assigned to hear pretrial motions found the defense’s position contradictory. The magistrate noted the plaintiffs are not required to accept this “admission” of liability and are still permitted to seek evidence in order to prove the defendant’s negligence at trial.
Contact a Sioux Falls Motorcycle Accident Lawyer Today
Drivers of cars and trucks often try to claim that an injured motorcyclist was responsible for their own injuries arising from a collision. If you find yourself in this position, do not feel as if you have to take the blame for someone else’s negligence. Our Sioux Falls motorcycle accident lawyers can help. Contact Hoy Law today at (605) 334-8900 to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=2386945202130959892
