Tokyo Barrister: Start the law firm bankruptcy

Chapter 85
After Imanishi submitted the telephone transcript, the courtroom became a little eerily quiet, as if even the slight creaking of chairs could be heard.This quiet atmosphere even implied some subtle changes in the attitudes of the three judges on the trial bench.

Judge Kumagai on the trial bench coughed slightly, breaking the silence, turned his head, looked at the plaintiff's seat, and said, "Plaintiff's lawyer, what is your response to the evidence presented by the defendant just now about the cause of the plaintiff's abnormal driving behavior. "

All eyes in the courtroom were instantly focused on the young male lawyer in the plaintiff's seat.Those who came to hear the trial last time still remember the scene of the young male lawyer arguing fiercely with the senior lawyer on the opposite Kawamoto Expressway.That scene seemed to still be happening in front of my eyes.

Kitahara turned his head to the side, looked at the nervous Miyagawa, and said softly, "Miyagawa, watch it. The best way to deal with the evidence raid is—"

There was a sudden pause in speaking, as if deliberately delaying the answer a little bit, so as to grab the audience's attention.

"It's an evidence raid." Beiyuan looked forward, and slightly opened his mouth, revealing a somewhat sinister smile.

[Advantage of latecomer after the evidence raid]

[During the trial, often more than one party will launch evidence raids, but both parties will launch evidence raids.Because the party that launched the evidence raid first may face the risk of the judge rejecting the submission of evidence.Therefore, some lawyers will choose the strategy of striking late, that is, waiting for the other party to launch an evidence raid before launching an evidence raid.In this way, first, the judge's attitude towards evidence raids can be observed through the opponent.Second, based on the principle of fairness, since the judge agrees to the opponent's evidence raid, he must also agree to his own evidence raid. 】

"Should... the best... way to deal with evidence raids is evidence raids?!" Miyagawa's voice trembled, and those beautiful eyes widened a little.A good student never imagined that the "Civil Procedure Law" in practice has been played like this by cunning lawyers. A small problem in the period of proof will turn into a game between the two parties in the court trial. The place of intrigue.

Kitahara stood up from the plaintiff's seat, looked at Judge Kumagai, and said, "The court. Regarding the so-called abnormality of plaintiff Terai's driving behavior raised by the defendant's lawyer just now, we will add an additional piece of evidence in time to explain why Terai drove for six full days. times the safe braking distance, still no braking action has been taken.”

Beiyuan held the remote control in his hand, pointed at the TV screen next to him, and pressed the switch button.

The screen suddenly went black, and when it was turned on again, it changed from the driving recorder screen just displayed to several photos.The title of the photo reads in large characters: "Photo taken of 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, all of which are included in the photos of the nearly 1000-meter road section where the accident occurred.In the photo, the gray-black asphalt road winds outwards. Although there are still scratches on the white lane markings, the road section has already been repaired, and there is no damage to the road surface caused by the accident.

"Chief referee." Beiyuan 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 at the section involved in the case."

But in the photo, on the leftmost road is a long white solid line winding past, reaching more than a kilometer, which forms a clear contrast with the dotted line of the lane next to it.

"Chief referee. According to the traffic regulations, when a vehicle is in a solid-line lane, it cannot change lanes and cross the solid line. We can see from another bird's-eye view 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 at the gate on the left. After that, he faced a solid line nearly 2 to 3 kilometers away from changing lanes."

"The branch road leading to Hachioji City is the gate on the far right after 4 kilometers. In other words, if there is no traffic accident, the plaintiff Terai must follow the white solid line and can only pass on the far left. After three kilometers, they were forced to change lanes and cross four lanes in a short distance of less than a few hundred meters to enter the far right gate. This kind of marking setting is extremely unreasonable, and it is very easy to cause traffic accidents.”

"Chief referee, according to the "Specifications for the Setting of Highway Traffic Signs and Markings", the principle of setting markings is a safety principle, that is, to ensure the safety of vehicles changing lanes and going straight. The setting of road markings on the Sichuan Expressway clearly violates this principle." .”

"The defendant just asked why our client, Terai, did not take measures to change lanes in advance. The reason is very simple, because the defendant's unreasonable markings set up, so Terai had to divert his attention to observe the road markings."

"According to Terai's travel route that day, he had to turn from the leftmost lane to the branch road heading for 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 the defendant's unreasonable road markings."

"As for the so-called telephone answering issue raised by the defendant just now," Kitahara took a step forward, staring at Imamishi on the opposite dock with burning eyes. It is not possible to prove who the specific user of the phone was. At that time, the passenger of the vehicle 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 could not rule out this possibility. "

As soon as the words fell, Bei Yuan turned around and faced the three judges on the trial bench: "At the same time, chief referee, please consider one point. In this case, no one was killed despite such a large collision. The driver and passengers in the car were only slightly bruised. From the perspective of consequences, it just proved that the plaintiff Terai's driving behavior was prudent and his lane change behavior was appropriate!"

It's like changing the situation.

In an instant, the atmosphere of the trial, which had been unfavorable to Terai just now, was reversed again.

Some retired citizens in the auditorium heard Beiyuan's words and cursed the Kawamoto Expressway in a low voice.These retired old ladies and old men who have nothing to do and come to the court to listen to the case usually spend their retirement life driving a small car and traveling around the Eastern Islands. It is simply a very personal experience.

Fangcai Terai still had the image of not obeying the traffic laws and failing to dodge the iron block in time.After the discussion in Beiyuan, it turned out that the Kawamoto Expressway failed to set up markings in accordance with national regulations, which restricted Terai's lane change behavior.

The confrontation between Jinxi and Beiyuan fully demonstrated the lawyer's eloquence.

All of a sudden, the case became confusing again.

Among the legal team of Kawamoto Expressway, many people had cold sweat on their foreheads.This case has already been related to the maintenance obligation of Kawamoto Expressway to clean up the spilled objects from trucks on the road.Now, the plaintiff's lawyer actually once again pulled out a road marking problem.

Think about it, Kawamoto Expressway has nearly 36% of the road construction market share.

That is a road with tens of thousands of kilometers.

I don't know how many defects there are like this kind of road markings.

The members of the legal team of Kawamoto Expressway felt an inexplicable sense of fear in their hearts.They feel more and more that this seemingly small traffic accident is not as small as it seems on the surface.The Kawamoto Expressway is like a giant sailing ship sailing on the calm sea, but under the reef, there is a huge underwater monster lurking, watching the giant sailing ship.

(End of this chapter)