Expert Witness Asses Liability in Riding Accidents
Riding accidents occur when a person riding on an animal, cycle or vehicle falls and hurts a part of his or her body to the point that medical attention is necessary. Expert witnesses explain how liability affects these cases, who is responsible for the incident and how they are preventable based on various factors connected to the situation.
Riding accidents usually occur through riding on an animal or some form of cycle such as a motorcycle or bicycle. The most harmful riding accidents occur when the individual is already at a great height and falls directly on a hard surface. The injury may require extensive medical care and expensive treatment for recovery before the patient is whole once again. Because of these issues, a lawyer hired for the case may also hire an expert witness to explain the issues, elements and circumstances of the accident to the courtroom for better clarification. This could increase chances of success or just ensure the judge or jury has enough information to deliberate accordingly.
Riding Accidents ExplainedRiding on a horse could lead to severe damage based on the height and if any other horses trample on the victim. However, there are other issues that could present problems in these situations. These may include defective equipment, tampered tools and frights to the horse. Some of the issues are intentional, and other complications that arise are due to incompetence or cost cutting. When a manufacturer of horse materials for riders uses inferior resources, the saddle could snap and cause the rider to become injured in the process. If the trainer has not properly put the horse through the necessary course, he or she may not ride correctly with someone on top.
Assessing LiabilityWhen an expert witness tasked with a riding accident needs to assess liability, he or she needs to research and analyze all factors in the accident. If the horse trained properly did not cause the incident, then the materials and equipment are often next examined. It is important to rule out any human elements in the situation first. This could lead to the next step in determining and assessing liability to check if the horse spooked due to intervention in the ride. With little else to check, the saddle and other resources are then put to the test. Methods utilized for these purposes will either include or exclude various equipment based on defects that may or may not exist.
If there are not issues found during any process or method tested in these situations, it may then lead to a case where no one is to blame. However, some circumstances reveal multiple individuals at fault for the incident. Each possible element is then given several examinations to assess if liability falls to more than a single person. Conditioning in bucking riders, faulty training and other complications could cause unnecessary harm to numerous riders. This progresses the case into attaching those responsible to the compensation necessary for recovery from injury. Then, these details need presentation in the courtroom before a judge or jury.
Proceeding with Liability and CompensationOnce the expert witness has taken all factors and ruled out various individuals and elements of the case, he or she may proceed to the next stage in the process of completing the case. This usually involves sticking liability and responsibility for the incident to the person at fault. By presenting testimony through visual aids and details about the defendant, the expert may demonstrate to the judge or jury how the other party caused the damage that led to the injury. The compensation is necessary for recovery, and the professional will explain how much is reasonable and fair in these circumstances.
Once assessments of liability are over, the expert may take a less active role other than presenting testimony. However, he or she will need to remain available for the lawyer if any other issues arise. Working closely with the legal representative and creating a strong bond may increase the chances of possible success for the plaintiff’s legal team. If the expert needs to take the stand for cross examination, this may occur during his or her initial testimony or at a later time. The opposing legal counsel will attempt to refute his or her statements.
The Riding Accident TestimonyOnce the expert has all the details he or she needs to present to the courtroom, he or she will explain the information clearly and attempt to unravel any confusion.
Provided by HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.