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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
  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.

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: 
$0
  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.

17-year-old motorcyclist's lawyers win his case against Sacramento County after he suffered brain damage and debilitating injuries

Accident Type: 
Motorcycle Accident
Incident Date: 
Saturday, September 19, 1981
Result Date: 
Wednesday, January 2, 1985
Monetary Result: 
$854,000
  Robert Graves, 17, was riding his motorcycle down Garfield Avenue in Sacramento County, California on a Saturday night on September 19, 1981 and was trying to find a party accompanied by his friend Ron Strem and his girlfriend, who were riding in a car. Due to Graves's amnesia that resulted from the incident, Strem and others had to reconstruct what happened that night. According to Strem, the two had attended a party at a local park on the afternoon of the accident, gone to a sandwich shop to see a friend, where they had dinner, and met Strem’s girlfriend, who accompanied them as they stopped in at more parties they had heard were to be held that evening. Strem recalls that neither of the young men had consumed any alcoholic beverages during the day or the evening. Ron Strem, and his girlfriend, in his car, and Plaintiff, on his motorcycle, last stopped at a home on Silverstrand Way, and finding no one there that they knew, they decided to split up. Strem ;drove about one­half block, to the dead­end on Silverstrand, turned around, and proceeded westbound on Silverstrand. In the meantime, Graves had gotten on his motorcycle, started it and drove east on Silverstrand toward the dead­-end. According to an eyewitness, Graves accelerated his motorcycle, to at least 40 m.p.h., in the a ­half block distance, and backed off his accelerator just before striking the dead­end divider, but did not hit his brakes. At the end of Silverstrand Way there is a concrete and asphalt divider, six feet wide, which separates the end of Silverstrand Way from Garfield Avenue, which runs perpendicular to Silverstrand. Graves struck the divider, became airborne, and collided with a vehicle which was being driven south on Garfield Avenue. When Graves was found he was not breathing, and had to be revived at the scene through the use of closed heart massage and mouth-to-mouth resuscitation. He later had a tracheostomy in the Emergency Room. He suffered brain damage, which manifested itself in loss of short term memory, and has deficits in expression through speech or writing, with a slim chance of improvement. Plaintiff suffered multiple fractures of the hip, pelvis, ribs, clavicle and foot. He was in a coma for eighteen days, lost his spleen, had a flail chest, and is unable to walk without a cane. He was not wearing a helmet, however the defendant's attorney's were not able to use this to prove comparative fault due to the judge's order. Graves argued that there was a dangerous condition of public property, in that the signing on Silverstrand was improper. There was a yellow reflectorized, diamond­-shaped Type N sign at the end of Silverstrand, facing east-bound traffic, and mounted on the divider at the centerpoint of Silverstrand. Graves argued that this sign was improper because it did not clearly notify the driver that the street was coming to an end. It was alleged that, either the the word "END" should have been written on the yellow sign, or it should have been a red reflectorized Type N sign, and that both of the latter signs are more in conformity with the recommendations of the State Traffic Manual than the sign that was used. Graves also argued that, at the last entrance onto Silverstrand, there was no Not a Through Street sign, as recommended by the State Traffic Manual, although its absence was not made known until one and a ­half years after the accident in question, by County investigators. County records show that such a sign was erected some time prior to the accident, and the testimony of the residents of the area do not agree whether or not the sign was missing as of the date of the accident. The County of Sacramento and their lawyers contended that the intersection was well lit, and that the yellow Type N sign was clearly visible for at least three hundred feet prior to the end of the roadway. They also argued that Graves was driving far in excess of the 25 m.p.h. speed limit, that Plaintiff’s driving was impaired by alcohol, and that the road was not dangerous when used with due care. In the end, the jury sided with Graves, who was awarded $854,000. He was found to be 52% at fault, however, and therefore this award had to be reduced to $405,650.

Sacramento, Stockton, and Modesto -  California's Capital and San Joaquin Valley

Sacramento is the capital city of the U.S. State of California and the seat of government of Sacramento County. It is located at the confluence of the Sacramento River and the American River in the northern portion of California's expansive Central Valley. Its estimated 2014 population of 485,199 made it the sixth-largest city in California. Sacramento is the cultural and economic core of the Sacramento metropolitan area, which includes seven counties with a 2010 population of 2,414,783. Its metropolitan area is the fourth largest in California after the Greater Los Angeles area, the San Francisco Bay Area, and the San Diego metropolitan area, and is the 27th largest in the United States. 

Stockton is located on the San Joaquin River, in the northern San Joaquin Valley, and has an estimated population of 300,899 people as of 2014.  The City of Modesto, is the county seat and largest city of Stanislaus County, California. With a population of approximately 201,165 at the 2010 census, Modesto ranks as the 18th largest city in the state of California. The Modesto Census County Division, which includes the cities of Ceres and Riverbank, has a population of 312,842 as of 2010. To get up-to-date road information, go to the California DOT site. And to find out current weather conditions in Sacramento-Stockton-Modesto, go to Accuweather.com.

The major freeways of Sacramento, Stockton, and Modesto include:

Sacramento

Stockton 

Stockton is easily accessible from virtually anywhere in California. Interstate 5 and State Route 99, California's major north-south thoroughfares, pass through the city limits. The east-west highway State Route 4 also passes through the city, providing access to the San Francisco Bay Area as well as the Sierra Nevada and its foothills.

Modesto

Interstate 5 and California State Route 99 provide major highway access to Modesto. California State Route 132 links the city to Interstate 580, providing commuter access to highways into the Bay AreaCalifornia State Route 108 connects to Oakdale, California and east to the foothills. 

Here is information on the most recent accidents in the Sacramento, Stockton, and Modesto:

If you are looking for information on a specific crash that happened in Sacramento, Stockton, or Modesto, go to the link above for the accident type you are seeking. 

If you know someone who has been injured in a Sacramento, Stockton, or Modesto accident, here are links to the major hospitals in the area:

SACRAMENTO

Sutter Memorial Hospital

Mercy General Hospital

Methodist Hospital of Sacramento

Kaiser Permanente South Sacramento

Sutter General Hospital

STOCKTON

St. Joseph's Medical Center

San Joaquin General Hospital

Dameron Hospital

MODESTO

Doctors Medical Center

Sutter Health: Memorial Medical Center

Stanislaus Surgical Hospital

Grief support information for accident victims in Sacramento, Stockton, and Modesto

When a loved one is killed in a motor-vehicle accident, it is often helpful for grieving family and friends to get help from a grief support organization. It can be comforting to talk with others going through a similar situation, and the road to recovering from the loss may go more smoothly. Go here to get information on Sacramento-Stockton-Modesto grief support organizations.

Legal information for accident victims in Sacramento, Stockton, and Modesto

When injury or death is the result of a motor-vehicle crash in Sacramento, Stockton, or Modesto, many decisions need to be made immediately and questions need to be answered. For example, how much of the medical costs will be covered by the insurance policy? How does PIP insurance help with medical bills immediately? What if the at-fault driver has no insurance

Where to find legal assistance after a Sacramento-Stockton-Modesto injury accident

After a serious crash, it is crucial to get help from a Sacramento - Stockton - Modesto personal injury attorney who understands how insurance policies work, and who can handle all aspects of an insurance claim so the injured person can focus on recovery. If someone is killed in a collision, a Sacramento-Stockton-Modesto wrongful death lawyer will launch a claim that will begin the process of financial recovery for the family members left behind. Learn more here about what a Sacramento-Stockton-Modesto accident lawyer can do to help. 
Rank: 
20
Percent of U.S: 
1
State: 
California

Motorcyclist and his lawyers win his case after being injured in an accident with a vehicle in a funeral procession that ran a red light

Accident Type: 
Motorcycle Accident
Result Date: 
Thursday, September 27, 2001
Monetary Result: 
$790,000
John McCord was stopped at an intersection in Sacramento County, California on his motorcycle as a funeral procession was passing by on a cross-street. When the light turned green, he entered the intersection. A vehicle in the funeral procession, operated by Ivan Semenyuk, ran the red light, assuming he had the right-of-way in the procession, striking McCord. As a result of the accident, McCord suffered a fractured pelvis, requiring a total hip replacement, and a knee injury.  Mr. McCord decided to sue the parties involved in his accident, including Semenyuk; Wayne McMahon, the funeral escort officer controlling both the procession and the intersection; the California Funeral Escort Company and its owner, Sam Oliver; and the Lind Brothers Mortuary.  Mr. McCord and his lawyers argued that McMahon, the escort officer, was negligent in leaving the intersection before the procession had fully crossed it. He also argued that the mortuary company was negligent for only hiring a single motorcycle escort for a procession involving 50 to 75 cars over a six mile journey to the cemetary. In addition, Semenyuk was negligent for running the red light when the escorting officer was not present at the intersection. Semenyuk argued that while he did run the red light, the other defendents were responsible, since they had failed to control the intersection and the procession. The other defendents argued that the negligence was Semenyuk's alone, as he ran the red light when the escort officer was not present or in control of the intersection. In addition, the defending parties argued that the knee injury was pre-existing and that McCord would not require any future knee or hip surgeries. In the end, the jury sided with Mr. McCord and his attorneys. They awarded him $790,000, finding Semenyuk 5% liable, and McMahon and his employer 95% liable. The mortuary was not found liable.