| What
Law Will Be Used To Decide My Auto Case?
Generally,
the law of the state in which the accident happened and where
the case is pending will govern the facts of a particular
automobile accident case. However, there are instances in
which the courts must decide which state's law to apply.
An example of this issue may arise when a particular insurance
policy is written in one state and provides certain coverages
there and then the vehicle or person insured is involved in
an accident in a different state. Some states require that
certain provisions or coverages govern any accident or vehicle
which enters its borders. This requirement can effectively
rewrite an insurance policy written in another state.
At the conclusion of the presentation of evidence in an automobile
accident case, the judge will read to the jury a set of instructions
that they must follow in deciding the case. Included in those
instructions will be the law as it currently exists for automobile
accident cases.
The jury is instructed that they must follow the law as it
is given to them by the judge even if they disagree or do
not like the law. In fact, at the beginning of the process
when the jury is initially sworn in, each juror swears an
oath to apply the law as it is given to them by the judge.
Prior to the judge instructing the jury, the judge holds
what is known as a jury charge conference with the attorneys
from both sides so that each side can submit jury charges
to the judge for what they believe the law states and which,
if read to the jury, they believe will be most beneficial
to their clients.
The judge reviews the charges submitted by both sides and
picks and chooses which ones will present the most accurate
and balanced statement of the law to the jury.
In addition to the instructions regarding the burden of proof
the plaintiff has in proving all aspects of the case by a
preponderance of the evidence, the jury in an automobile accident
case is usually instructed with several other general statements
of the law. Although the particular laws differ from state
to state, most state laws are very similar. The Car Accident
Case Study Topics on this site provide good examples of the
automobile accident laws which most states use for the particular
type of accidents stated.
Since the jury charge conference is conducted just before
closing arguments are made to the jury, the lawyers know what
charges will be read to the jury and they can emphasize the
ones favorable to them in their closing argument. | 
