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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.