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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 Accident
Incident Date: 
Friday, July 20, 2007
Result Date: 
Tuesday, June 16, 2009
Monetary Result: 
$556,371
  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 his case against a negligent driver of a church van after he sustains injuries in an accident in Los Angeles County, California

Accident Type: 
Motorcycle Accident
Incident Date: 
Sunday, November 1, 1998
Result Date: 
Thursday, March 1, 2001
Monetary Result: 
$818,147
  Mr. Quezada was riding his motorcycle in November of 1998 when he collided with a van operated by Mr. Paiva and owned by Angelica Lutheran Church making a U-turn. Mr. Quezada suffered a hemopneumothorax (air and blood in the chest cavity), nine fractured ribs, a restrictive lung disease, and road rash to his right hand as a result of the accident.  Quezada decided to sue Paiva and the church that owned the van for vehicle negligence. He and his lawyers argued that Paiva made an illegal U-turn and was inattentive to oncoming traffic.  Paiva and the church denied liability and argued that Quezada was negligent for operating his motorcycle at a high speed. The jury ruled in favor of Quezada, awarding him $818,147, including $25,000 for loss of services claimed by his spouse. He was found to be 50% at fault for the accident, however, and the amount was reduced accordingly.

Truck driver and his lawyers win his case against Mitsubishi after he is thrown from the cab of a defective truck in Los Angeles, California

Accident Type: 
Truck Accident
Incident Date: 
Monday, January 1, 1996
Result Date: 
Monday, June 15, 1998
Monetary Result: 
$1,250,150
  Juan Salas Fonseca, a 28-year-old route salesman, was operating a Mitsubishi F-100 cab-over-engine commercial truck when he was involved in an accident. In the course of the collision, he was thrown from the detached cab through the windshield and was run over by his own truck. He suffered extensive injuries, including multiple fractures to his pelvis, spine, and leg. He faced future surgies to replace his hip and his spine and was therefore limited to semi-sedentary work. Fonseca decided to sue the manufacturer of his truck, Mitsubishi Fuso Truck of America Inc., and the distributor of his truck, Diamond Sales and Service Inc., which sold the truck to his employer. He and his lawyers argued that the truck had a defect in the design of the latching system, as it could be bypassed yet give the appearance of being properly secured to the chassis. They also alleged that the cab-open warning light was improperly positioned and that the secondary saftey catch was insufficient under the circumstances. They further claimed that ther should have been an interlock which would prevent vehicle movement unless the cab was properly secured. Mitsubishi the distributors denied their liability, coldly allegating that the sole cause of the accident was the negligence of Fonseca and his employer. Both parties brought mechanical engineers and doctors as expert witnesses. In the end, the jury sided with Fonseca and his lawyers, awarding him $1,250,150. This included $86,757 for past medical expenses, $249,780 for future medical expenses, $82,749 for past income, and $800,026 for future income. He also recieved worker's compensation benefits of $137,801. It was decided, however, that 30% of the liability was due to Fonseca's negligence in not wearing a seatbelt, and 30% to the employer who did not ensure that the cab was properly latched, even though the expert testimony demonstrated the defect in the latching system. His total award was therefore reduced to $737,304.

Los Angeles trucker and his lawyers win their case against Dart International company after he suffers brain damage from faulty equipment

Accident Type: 
Truck Accident
Incident Date: 
Tuesday, July 11, 1995
Result Date: 
Wednesday, June 3, 1998
Monetary Result: 
$1,197,885
  Independent trucker Roberto Tinajero, 52, was doing some extra work at approximately 4:45 PM on July 11, 1995 at the Marine Terminal of Heinz Pet Food on Terminal Island in Los Angeles, California. He was driving a 1984 Ford tractor trailer with a modified fifth wheel to allow rapid connections and disconnections of the chassis. He forgot to disconnect one of two air hoses and drove away. The hose and metal fitting separated from the parked trailer, which forcefully recoiled through the unguarded rear window, striking him in the head. Tinajero subsequently suffered a depressed skull fracture, inflicting mild to moderate brain damage. Roberto Tinajero decided to sue the company that constructed the truck, Dart International, for personal injury. He and his lawyers argued that the truck was defective because it lacked a rear-window barrier guard. They argued that the company was responsible for the defective product as they negligently manufactured this unsafe equipment and did not take steps to add the necessary safety equipment. They further clamed that Heinz Pet Food negligently allowed the unsafe truck to be used at its terminal facility in violation of customs in the industry. The companies' lawyers argued against Tinajero, coldly claiming that the product which injured him was not defective because he was involved in an accident that was "not forseeable." In addition, they contended that they were not responsible because of the truck's modification, which they did not manufacture or install. They discounted their responsibility, stating that the sole cause of Tinajero's serious accident was his own negligence. In the end, the jury sided with Tinajero and his lawyers, awarding him $1,197,885. This amount was reduced to $898,414, however, as he was found 25% liable. This amount was composed of $56,000 of medical expenses, $150,000 of lost income, and $650,000 lost earning capacity.

Deceased motorcyclist's family sue the city of Simi Valley, California after he swerved to avoid a pothole, striking a tree and dying, winning $475,000 in a settlement

Accident Type: 
Motorcycle Accident
Incident Date: 
Wednesday, March 1, 1995
Result Date: 
Saturday, September 1, 2001
Monetary Result: 
$475,000
  Mr. Byron, 19, was riding his motorcycle in the city of Simi Valley, California in March of 1995 when he swerved to miss a large pothole on the street, going off the road and striking a tree. The collision killed Mr. Byron, who was survived by his family. Byron's family brought a suit against the city of Simi, California. They and their lawyers argued that the city had failed to properly maintain the roadway he was riding on. They maintained that they had not only failed to prevent or fill the pothole, but had also failed to barricade or warn motorists of the dangerous condition of the roadway. The city of Simi Valley and their attorneys contended that Mr. Byron's inexperience operating a motorcycle and his excessive rate of speed resulted in the accident, rather than the condition of the street. In the end, the case was settled to the amount of $475,000.

Teen motorcyclist and his lawyers win their case against motorcycle club after an accident at a racetrack

Accident Type: 
Motorcycle Accident
Incident Date: 
Saturday, January 1, 1994
Result Date: 
Monday, January 1, 1996
Monetary Result: 
$758,729
  Mr. Wadlow, 16 at the time of the accident, was returning on a dirt road from the "smoke bomb" area of a race track back to the pits wre he acted as a crewman for his father when he collided with a truck heading in the opposite direction. As a result of the accident, he suffered a compound fracture to his left femur and tibia, requiring two months of hospitalization, six skin graft surgeries and resulting in a permanent limp, scarring, and possible future surgery and arthritis. Wadlow and his lawyers decided to sue the motorcycle clubs that own the track, Jack Rabbit Motorcycle Club and American Motorcycle Club. They contended that the dirt road was supposed to be one-way road and that they had failed to direct traffic on that road.  The defending motorcycle clubs argued that Wadlow was responsible for the his injuries as he was operating a motorcycle that was too large for his size. They additionally claimed that they had no obligation to direct traffic as an amateur club. In the end, Wadlow and his lawyers won the case and a reward of $758,729. However, Mr. Wadlow was found to be 33.3% negligent for riding in a large motorcycle and not taking evasive action while driving, while his father was also found 33.3% negligent. Therefore, the total award they collected was reduced to $331,081.

Motorcyclist's lawyers win case against negligent driver and mechanic who installed faulty brakes in Los Angeles, California

Accident Type: 
Motorcycle Accident
Incident Date: 
Monday, October 1, 1990
Result Date: 
Sunday, January 1, 1995
Monetary Result: 
$929,000
  Mr. Baeza, a 25-year-old carpenter, was driving his motorcycle through an intersection where he had right-of-way when a pickup truck driven by Mr. Ortiz drove through his stop sign, striking Mr. Baeza's motorcycle. As a result of the accident, Mr. Baeza suffered multiple skull and facial fractures, resulting in brain damage and personality disorder, loss of the sense of smell, and loss of vision in the right eye; fractures of both forearms, resulting in limited motion to both wrists; and an injury to the testicles. Due to his severe injuries, Mr. Baeza and his lawyers decided to sue both Mr. Ortiz, and the company that had changed his motorcycle's rear tire and brake pads three days before the incident, USS Enterprises. He argued that Mr. Ortiz had neglected his right-of-way when he drove through the stop sign into his lane. Mr. Ortiz had no insurance and was dismissed from the trial. USS Enterprises and their attorneys admitted that the rear break was not working at the time of the accident, however they argued that Mr. Baeza was speeding and would not have been able to avoid the pickup even if the rear breaks had been working. In the end, Mr. Baeza and his lawyers had won their case, winning an award of $929,000. He was found, however, to be 35% negligent, and Mr. Ortiz, who was dismissed from the trial was found to be 60% negligent, and USS Enterprises was found 5% negligent. Therefore the total award was reduced to $154,000.

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.

ATV rider and his lawyers win case against Honda Motor Company for negligent vehicle design

Accident Type: 
Other Type of Accident
Result Date: 
Monday, May 4, 1992
Monetary Result: 
$840,000
  Robert Rangel, 17, was riding his Honda three-wheeled all-terrain-vehicle at a popular off-road riding area in Southern California when he collided with a dunebuggy at a blind curve. In the accident, Rangel lost the use of his left arm, suffered possible brain damage, and facial injuries. He underwent one surgery and two hopitalizations totaling ten days. Due to his injuries, Rangel hired an attorney to sue the makers and dealers of the ATV, the Honda Motor Company. He and his lawyers alleged that the vehicle's design did not permit him to turn in time for the accident. In addition, formal training should have been recommended by the constructor and the dealers of the vehicle. They also claimed that a roll-over structure should have been a saftey feature on this ATV. Honda and its lawyers countered that Rangel entered a blind curve on the wrong side of the path and that he was at excessive speed. In the end, the jury sided with Rangel and his lawyers, awarding him $4,200,000, however he was found 80% at fault. Honda was found 5% at fault and the dealers 15%. Due to a joint and several liability law, which provided that a party at fault with the means to pay the full liability must do so, Honda payed Rangel $840,000.