A lot of people use the expression “thinking outside the box”. It’s over-used. But it conveys a good point—especially if you think of “the box” in motor vehicle accident cases as the intersection.
We just settled a case for a significant amount against the at-fault driver. But the funny thing was, the at-fault driver didn’t seem particularly at fault to us. In fact, she didn’t really seem at fault at all.
Sometimes the truth stares you right in the face. And if you don’t have an open mind you’re not going to see it.
In this case our client said she didn’t see the other driver. The other driver (I won’t even call her the at-fault driver any more) also said that she didn’t see our client.
Neither one of them could see each other because one of the homeowners with a corner lot at the intersection where the accident happened let his hedge grow way too high. It blocked the view of oncoming motorists from two different directions.
After we settled the case against the other driver we went ahead and made a claim against the homeowner. We ended up collecting his homeowners insurance liability limits.
In this case we did some good thinking (and work) both inside and outside the box.