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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 AccidentIncident Date:
Friday, May 8, 1987Result Date:
Monday, April 2, 1990Monetary Result:
$907,751Topics:
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 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.
Lawyers of deceased motorcyclist's family win their case against the City of San Francisco, awarding the family $792,500
Accident Type:
Motorcycle AccidentIncident Date:
Monday, June 28, 1982Result Date:
Friday, September 4, 1987Monetary Result:
$792,500Topics:
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 AccidentIncident Date:
Monday, October 12, 1981Result Date:
Wednesday, April 4, 1984Monetary Result:
$0Topics:
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.
A broadside collision is especially dangerous for a motorcycle
Motorcycles do not have the same protection all around them that other vehicles do. Even a tap from a car or truck can result in the motorcycle driver losing control, hitting another object such as a car or guardrail, and getting into a bad wreck that leaves the other driver unscathed. Typically it is the other driver who is at fault in these kinds of broadside collisions, which makes recouping losses more straightforward. However, before you attempt to recover your losses yourself through the maze of insurance policies and protocols, consult with a skilled lawyer. For more information on what to do if you've been broadsided while driving a motorcycle, click here.
Broadside car crashes can be deadly on Bellingham roads
Broadside collisions include T-bone accidents, and can happen at intersections, in parking lots, or on the highway when a driver fails to drive defensively, or, worse yet, is drunk or distracted. These accidents can bring severe injury or death, and the financial repercussions can be high. Often there is money available to pay for damages and losses because there is an at-fault driver involved in these types of wrecks. Here on tips on what to do if you've been side-swiped or broadsided in a car wreck.
Motorcycle passenger's lawyers win suit, awarding the passenger $1,000,000 and finding the city of Coachella negligent in its placement of a wall at an intersection
Accident Type:
Motorcycle AccidentResult Date:
Sunday, February 1, 1981Monetary Result:
$1,000,000Topics:
Mr. Zamarripa, a 17-year-old youth, sustained severe brain damage, including spastic paralysis and a speech impediment when the motorcycle he was riding as a passenger crashed into a van at an intersection. Zamarripa claimed that a five foot high wall on the Union Oil company’s property caused his stepfather, who was driving the motorcycle, to be unable to see on-coming cars at the intersection. Zamarripa sued the city of Coachella for negligently placing the wall.
The defending oil company denied this claim and argued that the wall had nothing to do with the accident which took place 86 feet past the intersection.
The verdict was in favor of Zamarripa, who recieved $1,000,000 damages. It was judged, however, that only the city, and not the oil company, were responsible for the placement of the wall.
One of the most dangerous places of all for a motorcyclist is also impossible to avoid while riding
Intersections. How many of them do you go through on the average trip through town or beyond? The vast majority of motorcycle collisions happen at intersections. Imagine that you’re on a motorcycle, turning left when a much bigger, heavier vehicle such as a car or truck comes barreling through and hits you. These kinds of accidents are hard on someone in a fully enclosed vehicle, but can be absolutely devastating to someone on a bike. If the person who hit you did so out of negligence or recklessness, you may be due a substantial payout for your injuries and losses from the at-fault party. How will you find out? Reading the article is a great place to start.