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Motorcyclist's lawyers win his case after being involved in an accident with a pickup truck in San Bernardino, California, sustaining a brain injury
Accident Type:
Motorcycle AccidentIncident Date:
Friday, July 20, 2007Result Date:
Tuesday, June 16, 2009Monetary Result:
$556,371Topics:
On July 20, 2007, Kiven Dawson, a 46-year-old truck driver, was riding his motorcycle north on Meridian Avenue in San Bernardino, California when he struck a pickup truck driven by Norma Ortiz. Although he does not have memory of the accident due to a brain injury he sustained as a result, based on his police report, he claims that Ortiz was driving southbound when she made a left hand turn in his ath, resulting in the accident.
Dawson decided to sue Ortiz, and the owner of her vehicle, Alfonso Torres for negligent driving.
Ortiz and Torres argued that Dawson was inattentive. A biomechanics expert brought fourth by their lawyers testified that he believed Dawson was speeding and could have avoided the accident had he been operating the bike at an appropriate speed.
Dawson claimed that he sustained permanent disability, rendering him unable to work in his profession, which was a claim disputed by Ortiz and Torres' lawyers.
The jury ultimately ruled in favor of Dawson, finding Ortiz and Torres 100% liable. He was awarded $556,371.
Motorcyclist's lawyers win against the Yamaha Corporation after motorcycle accident, alleging defective design
Accident Type:
Motorcycle AccidentIncident Date:
Saturday, March 19, 1983Result Date:
Friday, June 14, 1985Monetary Result:
$1,652,000Topics:
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.