Hog Law Case Results

Motorcycle Accident Resulting in arm, leg injury & toe amputation, requiring surgeriess.

Description:

The driver of a Ford F250 pickup truck abruptly made a left turn, unexpectedly and without warning, turning into the motorcyclist's lane of travel, violating his right of way. The case proceeded into litigation against the truck driver and his employer. The Florida Traffic Crash report noted the driver of the pickup truck making a left turn at the time of collision, noting his driver failed to yield right-of-way, making an improper turn. The crash report also noted the biker attempted to avoid or swerve from hitting the truck, hitting the passenger side rear of the truck at or near its rear bumper. At all times, the defense argued our client, operating a Suzuki Hayabusa traveled at an excessive speed – arguing he caused the crash, denying an violation of right of way. For damages, the biker sustained life-threatening injuries, including injuries to his right forearm, his pelvis, his right leg, his right foot also having a traumatic toe amputation. Upon receipt of the crash report, we retained an engineer to perform an accident reconstruction of the crash. The expert conducted the scene inspection, also inspecting both the truck and the motorcycle and provided a detailed report with his findings. In addition, we retained a private investigator to take statements of witnesses listed on the crash report – confirming the truck turned left in front of the motorcycle. The case resolved in litigation, after depositions of both drivers.

Litigation followed against the truck driver and his employer:

• The Florida Traffic Crash report noted the driver of the pickup truck making a left turn at the time of collision noting his driver failed to yield right-of-way, making an improper turn.
• The crash report also noted the biker attempted to avoid or swerve from hitting the truck, hitting the passenger side rear of the truck at or near its rear bumper.

This case is a reminder:

he importance of conducting a professional supplemental investigation to supplement the crash report, to obtain an expert in a case of contested fault, also to obtain statements of all eye witnesses – especially when the other driver does not admit fault or accept responsibility. Such additional evidence brought justice to this biker.