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What does “fact of the accident alone” mean in a DC injury case?


 

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What does “fact of the accident alone” mean in a DC injury case?It should come as no surprise that many DC injury cases require the help of a jury. After all, we grow up learning that it is a Constitutional right to have a jury by impartial juror who will help ensure there is no corruption in the courtroom. But have you ever been curious how jurors know what to do once they are called to jury duty? After all, they are likely everyday people like you who did not go to law school and likely do not have the extensive background in legal proceedings required to navigate a trial.

What most people do not know is that in every case that uses a jury, the judge will issue a set of guidelines and rules about court proceedings called the jury instruction. The jury instruction is intended to inform the jurors the rules of the law so that they can make the most knowledgeable conclusions during deliberations, keeping in mind all of the evidence.

Some jury instructions are intended to clarify aspects of the law like the jury instruction below. It’s from a civil court and discusses the fact of an accident alone in a DC injury case. Take a look.

Fact of Accident Alone (D.C. Std. Civ. Jury Instr. No. 5-19)

The mere happening of an accident does not mean that any party to this action was negligent. On the contrary, the law presumes that all parties exercised reasonable care until proven otherwise. The burden of proof is upon the party alleging to overcome this presumption of reasonable care by providing a preponderance of the evidence that the negligence was the proximate cause of the accident.

What does it all mean?

Although jury instructions are intended to help clarify legal details, sometimes it can be vague, confusing, and altogether unfamiliar. Don’t worry, most DC injury lawyers and other legal professionals get it. Let’s break this one down.

This jury instruction is essentially reminding the jurors of the “innocent until proven guilty” idea most people have come to accept as the norm, specifically in regards to accidents. In other words, the instruction affirms that even though the accident took place, it does not mean somebody is guilty. The court will assume that everyone is innocent unless the plaintiff (the person or party who brings forth the case) can prove the other side caused the accident.

Bottom line, as a juror, it’s important to avoid assumptions regarding the fault of one party or another. In the legal world, it is highly possible that an accident occurred even though both parties were acting reasonably, even in the most serious DC injury cases.

If nobody’s guilty, why would you go to court?

The point of this jury instruction isn’t to say that accidents are never caused by somebody, but rather to remind jurors that a party must prove fault. Again, fault cannot be assumed.

Most of the time if there is a court case, there is a dispute between the parties as to who is responsible. If somebody is responsible for the accident, it usually implies that they exercised some sort of negligence. What is negligence? For the purpose of understanding this instruction, all you need to know is that negligence is when somebody does not act within reason (keeping in mind whatever role they have or context they may be in).

What is an example?

Think about a DC car accident. Think about a case where it is raining heavily and two cars hydroplane, causing a collision. The jury instruction informs that even though the accident occurred, it is not necessarily the fault of either driver.

However, if you are in court, it is likely that one party is accusing the other party negligence. In the car accident case, negligence could be driving under the influence or texting while driving.

What is proximate cause?

Proximate cause simply means — in this case — that one party’s actions are sufficiently related to the cause of another party’s loss. If we take the rainy day car crash example, proximate cause would be proving that one driver’s texting behind the wheel caused the car to spin out of control, hence causing the accident.

What is a preponderance of evidence?

A preponderance of evidence means that, in order to prove a party’s guilt, that you need to have a large quantity of evidence against them or evidence that is important enough to charge them.

What is the big takeaway?

If you should remember anything from this jury instruction, it’s this: never assume anybody’s guilt in a DC auto accident, or any other personal injury case of the matter. The court will always assume innocence until proven otherwise and it is your job as a juror to do the same.

Please do not rely on any of the above statements as legal advice. You should always seek the advice of a licensed lawyer or legal professional in order to assist you.

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Kim Brooks-Rodney settled my mother's case expeditiously, with great patience and sensitivity and won us a magnificent settlement. I can't imagine that a better personal injury lawyer exists. I highly recommend her and her firm, Cohen & Cohen. They are undoubtedly the best of the best.
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This law firm was great and Nicole did a wonderful job on my case. Keeping me updated along the way with any changes or information really kept me at ease. I would recommend them over and over again!
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Glorious glorious , Nicole and her firm are the best . Treated me with kindness.
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David junior COLY
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Nicole was great in assisting with my case. Thank you so much
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Kenneth Distance
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Ms. Skibicki handled my uninsured motorist claim exceptionally well. She understood the importance of balancing justice and compensation from those involved in the dispute. She fought for a fair settlement and genuinely listened to my concerns and complaints about the process, showing empathy throughout. She thoughtfully explained the pros and cons of pursuing further litigation if I was not satisfied with the offer, and she gave me ample time to make a decision that felt right for my situation. I never felt pressured to accept an offer that didn’t meet my needs. If I need legal assistance again, I would choose Cohen and Cohen and specifically request Ms. Skibicki as my attorney.
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Siayre Nichols
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I had Ms. Nicole handle my case and she was amazing! One of my biggest worries was having a lawyer who wouldn’t take my case seriously, but Ms. Nicole was went to bat for me and did an excellent job. I really appreciate you, Ms. Nicole!
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maraki solomon
75 days ago
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I had an excellent experience with Cohen & Cohen from start to finish. My lawyer was professional, responsive, and genuinely cared about my case. They explained everything clearly, kept me informed throughout the process, and made what could have been a stressful experience much easier to navigate. I truly appreciate all of their hard work, dedication, and support. I highly recommend Cohen & Cohen to anyone in need of a personal injury lawyer
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Christopher Ruiz
82 days ago
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Fantastic firm. The attorneys resolved my case with clear communication and genuine determination to see that I would be left in the best position possible. Special kudos to Nicole Skibicki for pushing through the finish line.
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Meredith Stasa
83 days ago
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I retained Cohen & Cohen after I was struck by a car and fractured my spine. Adam was kind, knowledgeable and truly an advocate throughout the entire settlement process. He was incredibly responsive to my calls, emails and texts, and always took the time to explain how parts of the admittedly complex process worked with insurance, etc. Adam was able to secure a settlement of the offender's maximum policy limit, and the process was completed within a year. 10/10 recommend!
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Nini Da Silva
88 days ago
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I rarely write reviews, but this experience was truly worth sharing. Cohen & Cohen exceeded my expectations throughout my case. Nicole Skibicki, Esq. was an outstanding attorney who demonstrated professionalism, compassion, and genuine care from start to finish. She took the time to listen whenever I needed to vent about my situation, and her empathy made a difficult process much more manageable. Nicole was a strong advocate on my behalf and worked diligently to ensure that I received a fair settlement from the insurance company. I always felt informed, supported, and confident that my case was in capable hands. I highly recommend Cohen & Cohen to anyone seeking a personal injury or accident attorney. If you want experienced legal representation, exceptional client service, and a team that truly cares about achieving the best possible outcome for you, this is the firm to choose. Thank you, Nicole and the entire Cohen & Cohen team, for your dedication and outstanding work!

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