Sometimes the Question is More Important than the Answer

We recently represented a girl who was hit on by a car while riding her bicycle in a crosswalk.

It seemed like the question was "who had the green light?"

Then we received the investigative materials. It turned out she was crossing against the signal.

That's the kind of fact that can take over a case. It's simple and easy to understand. And if you stop there, it sounds pretty bad.

We had to think a little bit deeper. Sometimes thinking deeper isn't about finding a different answer to the same question. It's about finding a different (and more insightful) question.

We looked a little bit harder. The girl was crossing a multi-lane road. Drivers saw her and stopped to let her cross. Except for the guy who hit her.

We revised the question from "who had the green light" to "why didn't this guy see her like everyone else?"

We checked the probable sight lines. The drivers at the intersection already would have been able to see her. But their vehicles would have blocked the sight line of the approaching driver: he wouldn't have been able to see her.

Why didn't he see her wasn't the right question either. So we revised again.

And with each revision a little more self-doubt crept in. "Maybe we won't be able to help this girl. Maybe we shouldn't have taken the case. Etc."

But we kept after it. And changed our perspective a little bit. The other questions compared the driver to the girl. And to the other drivers. But why not just compare the driver to a reasonable person?

And all of a sudden the "right" question appeared: "How come the driver didn't slow down if he saw other drivers stopped at the crosswalk even if they had a green light?"

Clearly he should have sensed there was a problem and slowed down to the point he could stop if a little kid, dog or girl on a bike emerged from behind the cars that were stopped at the crosswalk.

Asking the "right" question allowed us to submit a convincing demand and obtain policy limits from the driver's insurance carrier.

I'm sure there are some people who would have asked the "right" question first. But in my experience these breakthroughs are usually the product of hard work rather than inspiration.

So in this case, two claps for Plato and also two claps for us for sticking with it and grinding out the win.

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