Chapter 84: Preemptive Strike
After Imanishi submitted the phone record, the court became a little eerily quiet, as if even the slightest creak of the chair could be heard. This quiet atmosphere even had a faint hint of something coming from the three judges on the trial bench.
There are some subtle changes in the official's attitude.
Judge Kumagai coughed slightly in the trial seat, breaking the silence. He turned his head, looked at the plaintiff's seat, and said: "Plaintiff's lawyer, what is your response to the evidence just presented by the defendant about the cause of the plaintiff's abnormal driving behavior?
"
All the eyes in the courtroom were instantly focused on the young male lawyer on the plaintiff's bench. Those who came to the court hearing last time still remember the heated argument between the young male lawyer and the senior lawyer from the Kawamoto Expressway across the street.
The scene. That scene seems to be still happening before my eyes.
Beihara turned his head sideways, looked at Miyagawa who was a little nervous, and said softly: "Miyagawa, watch carefully. The best way to deal with an evidence raid is-"
There was a sudden pause in his speech, as if he had deliberately delayed his answer slightly to grab the audience's attention.
"It's an evidence raid." Beiyuan looked forward, grinned slightly, and showed a somewhat sinister smile.
[Advantage of finding evidence later]
[During a trial, more than one party often launches an evidence raid, but both parties launch an evidence raid. Since the party that launches an evidence raid first may face the risk of the judge rejecting the submission of evidence. Therefore, some lawyers will choose a preemptive strategy.
That is, wait for the opponent to launch an evidence raid before launching an evidence raid. In this way, first, you can observe the judge’s attitude towards the evidence raid through the opponent. Second, based on the principle of fairness, since the judge agrees to the opponent’s evidence raid, it will also inevitably
Will agree to raid our own evidence.]
"The best... way to deal with evidence raids is evidence raids?!" Miyagawa's voice trembled a little, and his beautiful eyes widened a little. A good student never thought that after practice,
The "Civil Procedure Law" in the court has been manipulated by cunning lawyers in such a way that a small problem during the production of evidence can turn into a game between the two sides in the trial, and each other's intrigues.
Kitahara stood up from the plaintiff's seat, looked at Judge Kumagai, and said: "Court. As for the so-called abnormality in the driving behavior of the plaintiff Terai just raised by the defendant's lawyer, we will add an additional piece of evidence in a timely manner to explain why Terai was driving for six whole days.
Even with times the safe braking distance, no braking action was taken."
Kitahara held the remote control in his hand, faced the TV screen next to him, and pressed the switch button.
The screen suddenly went black, and when it lit up again, the image from the driving recorder that had just been displayed changed to several photos. The title of the photo read a few big words: "Pictures taken on the road section involved in the case."
Among these photos, there are close-up shots, and there are also pictures taken from above by drones. The nearly 1,000-meter road section where the accident occurred is included in the photos. In the photos, the gray-black asphalt road winds outwards.
, although the white markings of the lanes still have scratches, the road section has been repaired long ago, and no damage to the road surface caused by the accident can be seen.
"Chief Referee." Kitahara walked to the TV screen and pointed to the white markings on the road in the photo, "Please pay attention to the ground markings on the Kawamoto Expressway in the section involved in the case."
But in the photo, there is a long white solid line on the road on the far left, which is more than a kilometer long, forming a clear contrast with the dotted line in the lane next to it.
"Chief Referee. According to traffic regulations, when a vehicle is in a solid lane, it cannot change lanes and cross the solid line. From another aerial view of the road section involved, we can see that the defendant Kawamoto Expressway has changed the ground of the road section involved
The markings are extremely unreasonable. The plaintiff entered the G227 section of the expressway from the direction of Tokyo and merged from the gate on the left. After that, he faced a nearly 2.3-kilometer solid line prohibiting lane changes."
"The branch road leading to Hachioji City is the rightmost gate 4 kilometers away. In other words, if there is no accident, the plaintiff Terai needs to follow the regulations of the white solid line and can only pass on the leftmost side.
After three kilometers, I was forced to change lanes across four lanes and enter the gate on the far right in a distance of less than a few hundred meters. This kind of marking setting is extremely unreasonable and can easily cause traffic accidents."
"Chief referee, in accordance with the "Regulations on the Setting of Highway Traffic Signs and Markings", the principle of setting markings is the safety principle, that is, to ensure the safety of lane-changing vehicles and straight-moving vehicles. The road markings of the Kawamoto Expressway clearly violate this principle
.”
"The defendant just asked why our client Terai did not take measures to change lanes in advance. The reason is very simple. It is because the defendant's unreasonable marking setting caused Terai to divert his attention to observing the road markings."
“According to Terai’s travel route that day, he had to turn from the leftmost lane and turn into the branch road heading towards Hachioji City after 4 kilometers. Therefore, the plaintiff Terai must pay attention to the white solid line on the road. We entrust
The reason why people did not change lanes was due to the defendant's unreasonable road markings."
"As for the so-called phone answering issue raised by the defendant just now," Kitahara took a step forward, staring at Imanishi in the defendant's seat opposite, "The call record just produced by the defendant can only prove that the plaintiff Terai's phone is being answered, but it cannot
It cannot be proven who the specific user of the phone call was. The passenger of the vehicle at that time was Ms. Nazue, the wife of the plaintiff Terai. It cannot be ruled out that the call was answered by Ms. Nazue, and the defendant's lawyer's call records failed to rule out this possibility.
"
After the words fell, Beihara turned around and faced the three judges on the bench: "At the same time, chief judge, please consider this. Even with such a large collision, no one was killed in the accident in this case. Two vehicles
The driver and passengers in the car only suffered minor skin abrasions. From the perspective of the consequences, it just proves that the plaintiff Terai’s driving behavior was cautious and his lane change behavior was appropriate!”
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In an instant, the atmosphere of the trial that was unfavorable to Terai was reversed again.
Some retired citizens in the gallery were already cursing the Kawamoto Expressway in their voices when they heard Kitahara's words. These retired old ladies and old men who had nothing to do and came to the court to observe the case usually spend their retirement life driving a small car.
Traveling around the Japanese archipelago, I have a very personal experience of the unreasonable setting of various markings on highways.
Just now, Terai still had an image of not obeying traffic laws and failing to avoid the iron block in time. After some discussion in Kitahara, it became that the Kawamoto Expressway failed to set up markings in accordance with national regulations, which restricted Terai's lane changes.
Behavior.
The confrontation between Imanishi and Kitahara vividly demonstrates the lawyer's eloquence.
Suddenly, the case became confusing again.
Among the Kawamoto Expressway legal team, many people have broken out in cold sweat on their foreheads. This case has already been related to the maintenance obligation of Kawamoto Expressway to clean up the spilled goods from trucks on the road. Now, the plaintiff's lawyer actually brought up another one
Pavement marking problem.
Think about it, the highway construction market share of Kawamoto Expressway is nearly 36%.
That's tens of thousands of kilometers of road surface.
There are countless flaws like this in road markings.
The members of the Kawamoto Expressway's legal team felt an inexplicable feeling of fear in their hearts. They felt more and more that this seemingly small traffic accident case was not as small as it seemed. The Kawamoto Expressway seemed to
Chapter completed!