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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.

Los Angeles family and their lawyers win their wrongful death suit against an ambulance company after a father dies while being transported to the hospital following a motorcycle race accident

Incident Date: 
Sunday, January 1, 1989
Result Date: 
Wednesday, January 1, 1992
Monetary Result: 
$500,000
  Mr. Mansur, a 59-year-old electrical contractor was injured in an accident during a motorcycle race near Los Angeles, California. While he was being transported to a hospital he succumbed to his injuries, resulting in his death. Mr. Mansur's wife and two children decided to sue the company which managed the ambulance he was riding in, Schaefer Ambulance, for wrongful death. They stated that he was not transported to the hospital in a timely mannner. They pointed out that he had survivable injuries, and that he would have survived if the ambulance company had transported him in time to the hospital.  The ambulance company and their lawyers coldly argued that Mr. Mansur's injuries were not survivable. They claimed his injuries, a collapsed lung, a ruptured spleen, and fractures to his shoulder and arm, were not survivable injuries. These injuries are, in fact, common injuries in motorcycle accidents where the injured rider survives. They further argued that the race promoters, not themselves, determined what equipment and personnel were needed and controlled the rescue operation. They also contended that a released signed by Mr. Mansur barred him from suing. The jury sided with Mr. Mansur's family and their lawyers, awarding them $500,000.

Deceased motorcyclist's parents and their lawyers win their case against a laundry company after one of their drivers struck and killed their son

Accident Type: 
Motorcycle Accident
Incident Date: 
Monday, February 1, 1988
Result Date: 
Saturday, December 1, 1990
Monetary Result: 
$850,000

Mr. Martin, a 23-year-old airline baggage clerk was riding his motorcycle in February, 1988 when it collided with a laundry delivery truck owned by Peerless Laundry making a left turn into Martin's path. Mr. Martin died as a result of the accident.

Martin's parents decided to sue the laundry company for the wrongful death of their son. During the trial, it was revealed that the driver at the time was actually an accounts-payable clerk who happened to be filling in as a driver that day. Martin's parents and their lawyers argued that the laundry company was negligent in using an untrained employee as a driver, and that the driver was searching for an address at the time of the accident. They produced witnesses that stated that their son was driving within the speed limit with his headlight on at the time of the crash.

The dendant laundry company contended that the driver was not negligent. They argued that Martin was driving over 100 MPH at the time of the crash without his headlight on.

In the end, the jury sided with Martin's parents and their lawyers, awarding them $850,000.

Lawyers of deceased youth's parents win their clients $567,345 after their son died in a motorcycle accident with a commercial vehicle

Accident Type: 
Motorcycle Accident
Incident Date: 
Friday, May 8, 1987
Result Date: 
Monday, April 2, 1990
Monetary Result: 
$907,751
  This accident was occured when a 17-year-old motorcyclist collided with a commercial vehicle at a busy intersection, resulting in the youth's death. The incident occurred at 7 p.m. on May 8, 1987 in clear weather, at an intersection with two lanes and a left­ hand turn lane running south to north and two lanes north to south, in the City of Lafayette, California. Michael Richardson, 45-years-old and Audrey Richardson are the parents of a 17-year-old boy who was killed in a motorcycle accident. They argued that an employee of the defending copmany, Style Master Exteriors, who was driving a car, took an illegal left turn which blocked the boy’s right of way. The boy’s motorcycle crashed into the car, and he died at the site of the accident. The parents claimed the illegal left turn was the cause of the accident and that the driver, and therefore his comapany as well, were the negligent party. The case was settled against the driver himself before trial for his insurance policy limits of $15,000. The driver's employer, Style Master Exteriors, argued the crash was caused by the negligence of the motorcycle rider. They alleged that the motorcyclist was racing with another boy. They claimed he therefore was driving too fast and following the other boy too closely, and that this caused him to be inattentive to vehicles in the intersection. The employer further claimed that, because the boy died of a head injury and was not wearing a helmet, his injuries were caused by his own negligence. The vehicle driver's employer also claimed the boy’s mother negligently entrusted her son with the motorcycle. Ultimately, the Richardsons won their suit against the employer of the vehicle's driver, Style Master Exteriors. The total amount awarded to the deceased motorcyclist's parents totaled $907,751. Their son, however, was found to be 37.5% at fault, and therefore the total amount they recieved totaled $567,345.

Motorcycle officer's lawyers win his case after he runs off of a state highway in Ventura County, California

Accident Type: 
Motorcycle Accident
Incident Date: 
Wednesday, January 1, 1986
Result Date: 
Tuesday, October 1, 1991
Monetary Result: 
$850,000

 

Mr. Blackburn, a 44-year-old motorcycle officer, was riding his bike on a state highway in Ventura County, California when he drove of the road and into a cement railroad control box. The roadway had once been a throughway, however a portion of it had been closed due to the realighment of a state highway. Blackburn sustained a fracture and dislocation of his left hip, a fracture in his pelvis, and a nerve injury to his lower left leg. The injuries resulted in a minor foot drop and the future possibility of developing avascular necrosis and arthritis in his left hip, which would require a hip replacement.

Blackburn decided to sue the state of California for its failure to warn that the road ends. The state of California's lawyers contended that the roadway was clearly marked, and that Blackburn had ignored the warnings and purposely used the closed portion of the highway as a shortcut. Furthermore, they pointed out that the land on which the accident took place was not owned by the state at that time. 

The jury sided with Blackburn, for a total award of $850,000. He was found 40% at fault, however, and the total amount was reduced to $510,000.

Motorcyclist's lawyers win her case against Whatcom County for negligent road design, winning a total of $800,000

Accident Type: 
Motorcycle Accident
Incident Date: 
Tuesday, May 1, 1984
Result Date: 
Thursday, January 1, 1987
Monetary Result: 
$800,000
Hopson Anderson's left leg was riding her motorcycle in Whatcom County, Washington when she began negotiating a tight curve. Her motorcycle crossed the center line of the road and she struck another vehicle. As she clipped the oncoming vehicle, she severely injured her left leg. Her injuries resulted in an amputation of her left leg below the knee. A male passenger on her motorcycle additionally suffered a fractured left leg. She and her attorneys asserted that the accident was the result of the county's improper maintenance and design of the roadway. They further claimed that Whatcom County was responsible for the failure of posting a warning sign about the curve. In the end, Anderson and her attorneys won the case, earning an $800,000 reward.

Motorcyclist's lawyers win his case after accident, despite allegedly having alcohol in his system and not wearing a helmet

Accident Type: 
Motorcycle Accident
Incident Date: 
Sunday, January 22, 1984
Result Date: 
Friday, February 27, 1987
Monetary Result: 
$1,823,000

 

At around 12: 40 a.m., the Plaintiff, Parmley, 19 years of age, was coming back from a party on his motorcycle. He lost control of his motorcycle while negotiating a sharp curve. He ran into the center divider and was ejected 130 feet from the site of the crash. This resulted in massive internal injureis, including brain damage and a skull fracture. The curve was posted for a maximum speed of 40 mph. However, Cal­Trans had calculated the maximum speed for the curve was 20 mph. Parmley claimed the City failed to post the correct safe-speed warning sign, allowing this dangerous condition to exist.

The Defendent, the City of Whittier, California, contended that Parmley had been drinking and driving and was not wearing a helmet, and that he had made a remarkable recovery. However, the city argued, his head injuries could have been prevented altogether had he used a helmet. In addition, the fact that Parmley had alcohol in his system resulted in his inability to safely drive through the curve.

The jury ultimately sided with the Parmley and awarded $1,823,000. However, he was found to be 40% negligent, due to not wearing a helmet and his alcohol use. His net result was $1,093,800.

Pickup driver's defense lawyers win his case after a head-on accident with a motorcyclist who sustained serious injuries

Accident Type: 
Motorcycle Accident
Incident Date: 
Friday, October 28, 1983
Result Date: 
Thursday, October 15, 1987
Monetary Result: 
$0

 

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.

Motorcyclist's lawyers win against the Yamaha Corporation after motorcycle accident, alleging defective design

Accident Type: 
Motorcycle Accident
Incident Date: 
Saturday, March 19, 1983
Result Date: 
Friday, June 14, 1985
Monetary Result: 
$1,652,000
  On March 19, 1983 the Plaintiff, Timothy Aston, a 17-year-old motorcyclist was riding a 1982 Yamaha Seca 400 motorcycle. He was hit on the side of his motorcycle by a motorist who ran a red light. Aston received a traumatic crushing injury to his leg. Doctors attempted to save it, however the leg was totally crushed and had to be amputated below the knee. Aston argued that the design of the motorcycle was defective, in that it lacked side protection safeguards, and that he was unaware of the dangerous design of motorcycles when his mother bought him his Yamaha. Aston also argued that the Department of Transportation studies, in which Aston's expert, Dr. Peterson, was involved, ended in 1975, with recommendations that side protections be designed into motorcycles, or for consumers to be warned of their dangers in use. Aston contended that Yamaha has deliberately neglected, for ten years, for financial reasons, to even crash-­test motorcycles, fearing the tests would confirm the Department of Transportation studies. The Defendant, the Yamaha Motor Corporation, argued that the design was not at all defective, and that Aston was comparatively at fault for accelerating into the intersection on the green light without looking to see the vehicle running the red light. Ultimately the jury sided with the Aston, awarding him $1,652,000 for his injuries.

Woman's lawyers win her case after being injured in an accident with two drunk drivers while riding on a motorcycle

Accident Type: 
Motorcycle Accident
Incident Date: 
Saturday, July 10, 1982
Result Date: 
Wednesday, June 1, 1983
Monetary Result: 
$558,352
On July 10, 1982, at 11: 20 p.m.Sharon Crigger, a 36-year-old federal crop insurance adjuster with the Department of Agriculture, was riding as a passenger on the back of Kermit Johansson's motorcycle at Fruit and Ashlan Avenue. Ms. Crigger and Mr. Johansson were driving west on Ashlan when Patrick McHatton was traveling in a southbound direction on Fruit Avenue. The two vehicles collided with each other at the intersection controlled by light signals. Both drivers argued that they had the green light. Ms. Crigger was severely injured. She sustained several pelvic fractures, requiring 50 units of blood. She also suffered nerve injuries to her right leg and right arm, including her right shoulder, leaving her with residual dysfunction of the deltoid and triceps muscles of the right arm, which restricts her from strenuous activity, and in her work. She was in intensive care for nine days, and in the hospital for two months. She subsequently sued both Mr. Johansson and Mr. McHatton for their individual roles in causing the accident. Crigger had been dating Johansson for about a year prior to the accident, and they had been on a river rafting outing early that day. All the people involved consumed alcoholic beverages that day, although no blood alcohol content was taken from Ms. Crigger, who could not remember the incident due to her injuries. Mr. McHatton was arrested for felony drunk driving. McHatton argued that he had consumed four or five beers during the hour prior to the accident, and that he was on his way home. He was intending to continue driving south on Fruit avenue at the intersection, and had the green light. Physical factors of the accident indicated that his account was inconsistent, however. It appeared that he was making a left hand turn, and, further, was traveling at 15 to 20 m.p.h. at the time of the accident. Mr. McHatton admitted he was partially at fault, but argued that Mr. Johansson was also negligent, and that Ms. Crigger was comparatively negligent for getting onto the motorcycle with an impaired driver. Defendant Johansson claimed that he was traveling at 35 m.p.h., and that he had the green light. He further argued that he had no notice of the other motor vehicle until he was some twenty feet from the intersection, which time he caught a glimpse of the other vehicle, and at that point he attempted to take evasive action and brake, but was unable to apply his brake prior to impacting the motor vehicle. Defendant Johannson denied any liability. Both the plaintiff and the defendant brought expert witnesses to the stand. An accident reconstructionist testified on behalf of Ms. Crigger, testifying that even if both of the vehicles had the green light, that Mr. Johannson could have taken evasive action, and should have been able to reduce the speed of his motorcycle from 35 m.p.h. to 22 m.p.h., based on normal reaction time, had he not been drunk. Mr. Blair stated that this reduction of speed would reduce the velocity of impact by 60%. Another expert witness testified that Mr. McHatton had a blood alcohol content of .015, and that level his perceptual abilities were impaired. The defendant's expert witness testified that in his opinion the accident was unavoidable, as there were obstructions at the intersection that kept both drivers from seeing each other. Ultimately, Ms. Crigger and her lawyers won the case for her, awarding her $558,352.32. It was found that Mr. McHatton was primarily at fault, although Mr. Johansson contributed to the accident.