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Pickup driver's defense lawyers win his case after a head-on accident with a motorcyclist who sustained serious injuries
This motorcycle and truck crash happened on October 28, 1983, at 3: 20 p.m., in favorable weather, on a winding, dirt, mountain road, near Paradise, in Butte County, California. Timothy Peterson, age 33, was riding his Honda trail motorbike on the mountain road toward the site of a weekend camping trip. As he drove through a right turn, he saw George Snyder operating a pickup truck, coming in the opposite direction, heading downhill. Peterson has no memory of the crash, but he argued, through testimony of his accident reconstruction expert, that the pickup was on his side of the road, causing him to swerve sharply to his left to avoid the oncoming truck. At the same time, Snyder swerved his pickup to his right, and the head-on collision occurred in Snyder's lane.
Peterson suffered multiple fracturs to his upper and lower legs and ankles in addition to several fractured ribs, a collapsed lung, and damage to his kidney and liver. The left tibia and left ankle both developed infections, resulting in several bone grafts over a period of three years. The bone grafts failed, due to the severity of the infections, and ultimately the left leg was amputated below the knee.
Snyder, a 45-year-old part-time personal property appraiser living in Paradise, argued that, although he may have been over the center of the dirt road, it was customary practice for mountain driving on relatively straight stretches of road. He further claimed that Peterson came out of a wide turn, was looking over his shoulder as he rounded the corner, and drifted onto his side of the roadway. Snyder slammed on his brakes, but claimed Peterson was inattentive and went out of control. A California Highway Patrol officer confirmed Snyder's account, testifying that the accident was entirely Peterson's fault.
In the end, thanks to the CHP officer's testimony, the jury ruled unanimously for Snyder and Peterson was not granted any payments for his serious injuries. Ultimately, the testimony of the police officer out-weighed Peterson's accident reconstruction expert.
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Each time bikers get on the road, they are at the mercy of other drivers in cars that weigh on average four tons - not to mention tracks and semi-tractor trailers. In a crash with one of them, the odds seriously are stacked against the motorcycle driver. Terribly, sometimes this means fatal injuries for the motorcycle driver. If a loved one has been killed while on a motorcycle, chances are you dealing with painful grief and worry. Though nothing can bring back your family as it was before, help is available for the survivor's journey.
Crashes involving a single motorcyclist don't always mean it's the driver's fault
There is a bias out there about motorcyclists, and some unfortunately do ignore speed limits or safety requirements, much like any driver. So if you are involved in a single motorcycle crash, does this automatically mean you are the only one at fault? There are certain considerations that may apply, and there could be more to your accident than is obvious. To learn more about what to do after you were involved in a single motorcycle crash, click here.
A broadside collision is especially dangerous for a motorcycle
Motorcycles do not have the same protection all around them that other vehicles do. Even a tap from a car or truck can result in the motorcycle driver losing control, hitting another object such as a car or guardrail, and getting into a bad wreck that leaves the other driver unscathed. Typically it is the other driver who is at fault in these kinds of broadside collisions, which makes recouping losses more straightforward. However, before you attempt to recover your losses yourself through the maze of insurance policies and protocols, consult with a skilled lawyer. For more information on what to do if you've been broadsided while driving a motorcycle, click here.