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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

Topics:

Court:

Contra Costa Superior Court

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.

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

Topics:

Court:

Yuba County Superior Court

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.

Lawyers of deceased motorcyclist's family win their case against the City of San Francisco, awarding the family $792,500

Accident Type:

Motorcycle Accident

Incident Date:

Monday, June 28, 1982

Result Date:

Friday, September 4, 1987

Monetary Result:

$792,500

Topics:

Court:

San Francisco Superior Court

Henry Washington, 51, was driving his motorcyle west on Folsom Street at 10:00 a.m. on June 28, 1982, in San Francisco. At the intersection of 13th Street, a car made a left turn and Washington ran into the vehicle, killing him. Washinton's surviving family decided to sue the city of San Francisco for negligent road design. They argued that dangerous conditions existed at this intersection due to 13th Street being directly under a freeway. It was claimed that the freeway support pillars, located on the center median strip, blocked the view of oncoming traffic to left turning vehicles. Their lawyers brought expert witnesses to testify. An accident reconstructionist testified that the configuration of the intersection, and its restricted sight lines, did not allow sufficient reaction times to allow a left turning vehicle to perceive and avoid a collision in these circumstances. In addition, they also brought a traffic engineer who testified that the intersection was dangerous, and that a protected left turn arrow phase was feasible at the intersection, and would have alleviated the danger. The City of San Francisco's lawyers argued that there was sufficient sight distance to allow left turning vehicles to see oncoming traffic. It was further claimed that the accident history did not show a dangerous condition. Their lawyers also brought expert witnesses to the stand. An engineering photographer testified that his photographs showed a good sight line between the vehicles, for at least three and a half seconds before the collision point. Ultimately the case was won by Washington's family. Their award was valued at $792,500, however it was reduced as 60% of liability was with the left-turning driver, 25% to the city, and 15% to Washington himself.

Motorcyclist loses case against the city of Stockton, California for negligent road construction

Accident Type:

Motorcycle Accident

Incident Date:

Monday, October 12, 1981

Result Date:

Wednesday, April 4, 1984

Monetary Result:

Topics:

Court:

San Joaquin Superior Court

Early in the morning on October 12, 1981 Jerry Baudensdistel, a 21-year-old shift supervisor at a bakery was driving his motorcycle down Charter Way in the city of Stockton. A pickup truck emerged off of Aurora Street, and Baudendistel slams his motorcycle into the truck, and was ran over by a third vehicle. He sustained serious injuries in the crash, including partial paraplegia, with a loss of functioning below the waist. He also suffered constant muscle spasms. Baudendistel decided to sue the city of Stockton for negligent road construction. He argued that he could not see far enough down Charter Way to be able to see a vehicle coming out of Aurora Street. The city claimed that there was no lack of sight distance and that sight distance was not a proximate cause of the accident. Ultimately, the city of Stockton won the case and Baudendistel was not given any award.

Lost wages? PIP to the rescue

PIP stands for Personal Injury Protection and is automatically included with many auto insurance policies. Though individual policies vary, it may include $10,000 towards wage loss. But there are some important things to know about PIP and what it means to put it into action. Bill Coats Law in Bellingham, WA put together this article and video to help consumers understand auto insurance policies and what next steps to take in the unfortunate event of a car accident.

How a good personal injury attorney can help accident victims find money for lost wages

Don suffered disc injuries to his low back in an accident where the at-fault driver pulled into traffic and struck the side of Don’s classic 1955 Ford T-Bird. Don’s injuries were severe enough that he could not return to his physically demanding work as a paramedic. Although Don was close to retirement, he was counting on a few more good work years. Here is one accident victim's story of how a good personal injury attorney helped him find money for lost wages, despite the fact that the at-fault driver did not have car insurance.

Lost wages is one thing, but what if an accident victim can no longer keep up with household chores?

It's easy to take health for granted, but if you are the victim of a car crash, suddenly a lot of things in life that were easy to do are harder - or impossible - to manage. Everyone automatically wonders about if they'll be able to work at the same job enjoyed before the accident - but what about other tasks? Attorney Bill Coats in Bellingham, Washington, talks about a rather obscure-sounding part of personal injury law where you can get money for yard work and other chores. Click here to learn about substitute domestic services in personal injury claims.

Will your lost wages be covered if the at-fault driver carries no insurance? Most likely, yes!

States like Washington require insurance companies to include uninsured/underinsured motorist protection to all policy holders unless they specifically opt-out of this coverage. This might come in handy if you've been hit in a car accident by someone who has no insurance or not enough, and you've had to take time off work - or can never work again. Click to learn more about your options for covering wage loss if the driver who hit you has no insurance.

The #1 tip for proving wage loss in accident claims

In wrongful death claims, it may be critical to the deceased's family that lost wages be proven. This is not always a straightforward process, and insurance companies have strict requirements on how lost wages are accounted. Click to read this article from Bill Coats Law in Bellingham WA about how you can make your case for wage loss.

Tips on proving wage loss to an insurance adjuster

Talking with an insurance adjuster can be difficult at any time during the claims process, but all the more so when an injured person is feeling the stress from lost wages. Here are some thoughts from Bill Coats Law in Bellingham, WA on what's at stake and what an insurance adjuster will require in paying lost wage claims.