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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:

Topics:

Court:

Butte County Superior Court

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 loses case against the State of California for negligent road design

Accident Type:

Motorcycle Accident

Incident Date:

Wednesday, June 14, 1978

Result Date:

Monday, May 23, 1983

Monetary Result:

Topics:

Court:

Tehama County Superior Court

This accident happened on June 14, 1978, at 4:10 p.m., in clear weather, on SR 36, at the Mill Creek Bridge in Tehama County. Daniel Blake, a 22-year-old assistant manager at a pizza parlor, was driving over the bridge when he ran into the re-acclimate seal on the roadway. He claimed that it was after the motorcycle ran over the seal that he lost control of his motorcycle. An oncoming vehicle struck Blake's leg and the rear half of his motorcycle. He suffered serious injuries that resulted in the loss of his right leg above the knee, as well as fractures and lacerations. He was in the hospital for three and a half months. Blake decided to sue the State of California for negligent road construction. He argued that there was not proper signage designating the appropriate speed crossing the bridge, and therefore he was driving too fast when he hit the seal on the pavement. The state contended that Blake was negligent in operating his motorcycle at a high rate of speed, and that his excessive speed caused the crash and his injuries. In the end, the state won its case, and Blake did not receive any award for his injuries.