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Thursday, March 31, 2011

Cursing at the At-Fault Driver After a Car Accident

Thursday, March 31, 2011
Next » Posted On: March 8, 2011 by Laura G. Zois

Personally, I find it a little odd when car accident victims begin swearing at the at-fault driver after an accident. I know people cause car accidents and I don't have great expectations of those strangers.

But that is a minority view. The f-bomb is de jure at car accident scenes in Maryland (and probably in every town from here to Tripoli).

In Johnson v. Downing, federal District Court Judge Ellen L. Hollander weighed in on the admissibility of heated conversations between drivers after the accident. Plaintiff's car accident lawyer filed a smart motion in limine to bar testimony at trial that the Plaintiff was cursing at the scene of the accident. This is smart: the jury is far less likely to like a plaintiff who is cursing at the scene of the accident. More importantly, a jury might conclude that the person who overreacts to the happening of an accident might excessively complain about their injuries. It is not a leap.

The defendant's lawyer argued that this is a leap that the jury can and should be able to make because it "speaks to the nature and extent of Plaintiff’s damages.

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