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Motorcyclist's lawyers win his case after being involved in an accident with a pickup truck in San Bernardino, California, sustaining a brain injury

Accident Type: 
Motorcycle Accident
Incident Date: 
Friday, July 20, 2007
Result Date: 
Tuesday, June 16, 2009
Monetary Result: 
$556,371
  On July 20, 2007, Kiven Dawson, a 46-year-old truck driver, was riding his motorcycle north on Meridian Avenue in San Bernardino, California when he struck a pickup truck driven by Norma Ortiz. Although he does not have memory of the accident due to a brain injury he sustained as a result, based on his police report, he claims that Ortiz was driving southbound when she made a left hand turn in his ath, resulting in the accident. Dawson decided to sue Ortiz, and the owner of her vehicle, Alfonso Torres for negligent driving. Ortiz and Torres argued that Dawson was inattentive. A biomechanics expert brought fourth by their lawyers testified that he believed Dawson was speeding and could have avoided the accident had he been operating the bike at an appropriate speed. Dawson claimed that he sustained permanent disability, rendering him unable to work in his profession, which was a claim disputed by Ortiz and Torres' lawyers. The jury ultimately ruled in favor of Dawson, finding Ortiz and Torres 100% liable. He was awarded $556,371.

Los Angeles trucker and his lawyers win their case against Dart International company after he suffers brain damage from faulty equipment

Accident Type: 
Truck Accident
Incident Date: 
Tuesday, July 11, 1995
Result Date: 
Wednesday, June 3, 1998
Monetary Result: 
$1,197,885
  Independent trucker Roberto Tinajero, 52, was doing some extra work at approximately 4:45 PM on July 11, 1995 at the Marine Terminal of Heinz Pet Food on Terminal Island in Los Angeles, California. He was driving a 1984 Ford tractor trailer with a modified fifth wheel to allow rapid connections and disconnections of the chassis. He forgot to disconnect one of two air hoses and drove away. The hose and metal fitting separated from the parked trailer, which forcefully recoiled through the unguarded rear window, striking him in the head. Tinajero subsequently suffered a depressed skull fracture, inflicting mild to moderate brain damage. Roberto Tinajero decided to sue the company that constructed the truck, Dart International, for personal injury. He and his lawyers argued that the truck was defective because it lacked a rear-window barrier guard. They argued that the company was responsible for the defective product as they negligently manufactured this unsafe equipment and did not take steps to add the necessary safety equipment. They further clamed that Heinz Pet Food negligently allowed the unsafe truck to be used at its terminal facility in violation of customs in the industry. The companies' lawyers argued against Tinajero, coldly claiming that the product which injured him was not defective because he was involved in an accident that was "not forseeable." In addition, they contended that they were not responsible because of the truck's modification, which they did not manufacture or install. They discounted their responsibility, stating that the sole cause of Tinajero's serious accident was his own negligence. In the end, the jury sided with Tinajero and his lawyers, awarding him $1,197,885. This amount was reduced to $898,414, however, as he was found 25% liable. This amount was composed of $56,000 of medical expenses, $150,000 of lost income, and $650,000 lost earning capacity.

Phoenix motorcyclist and his lawyers win his case against a driver who pulled out in front of him, resulting in an accident where he suffered serious injuries

Accident Type: 
Motorcycle Accident
Incident Date: 
Monday, January 1, 1990
Result Date: 
Saturday, May 1, 1993
Monetary Result: 
$500,000

 

Mr. Davis, a 31-year-old respitory therapist, was riding his motorcycle in Phoenix, Arizona when a vehicle, driven by Mr. Ballecer, drove into his lane, resulting in an accident. Davis stated that he thought that the vehicle was parking on the side of the road when Ballecer suddenly turned left into his lane of traffic, resulting in the accident. Davis suffered severe injuries in the crash, including a closed head injuring resulting in a seizure disorder, a jaw fracture, a fractured orbital bone around the right eye, and a torn pectoral muscle.

Mr. Davis decided to sue Mr. Ballecer for personal injury due to his negligent driving. Mr. Ballecer denied his responsibility, claiming that Davis made an unsafe lane change and failed to make evasive maneuvers to avoid crashing into his vehicle.

Ultimately the jury sided with Mr. Davis. He was found to be 48% negligent, however. His total award was $500,000, which was composed of $48,000 for past medcal expenses, $43,000 for future medical expenses, $49,000 for past lost wages, and $450,000 for future lost wages.

Do you protect this most precious asset while on the water? Probably not

Life jackets on a boat are a must for safety, but unlike riding a bike, no boater would think to don a helmet on the water. So often all that separates our brains from serious injury with a hard object is our skull. If you've been hit in the head and are experiencing symptoms of TBI, seek a doctor's help immediately. To recognize the symptoms of Traumatic Brain Injury, click here.

Signs, Symptoms and Seriousness of TBI

The symptoms of TBI can be subtle, even things that most people experience now and then normally. But the effects of them can be serious, even deadly. Click to learn more from personal injury lawyer Bill Coats of Bellingham, WA about how to recognize a TBI and the #1 thing you should do immediately if you hurt your head in a car accident