Hog Law Case Results
Case Study
Outcome: $1,250,000.00
Type of Accident: Motorcycle Accident
Practice Area: Motorcycle Accident
The Biker's Injuries Included:
- a left fractured wrist
- a left fractured elbow
- left elbow nerve damage
- left forearm injury and road rash
- to his dominant arm/hand
Requiring surgeries, with resulting in disfigurement, limitations, scarring, loss of enjoyment of life activities and related pain and suffering.
Motorcycle Accident resulting in arm & wrist injury, requiring surgeries.
Description:
The driver of the 2021 Subaru 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 defendant as she operated her vehicle in a negligent and careless manner by failing to obey the applicable traffic laws; she failed to keep a proper lookout for the safety of other motorists including the motorcyclist and she made an improper left turn. During the defendant's deposition, she completely denied fault for the crash, alleged the biker, 28 years of age, operated his motorcycle on the sidewalk, and also alleged the motorcycle did not have a headlight on at night. To the contrary, the motorcyclist had a witness traveling behind him to verify he was not operating his motorcycle on the sidewalk but instead was in the proper lane of travel. Additionally, the biker had photographs taken of his motorcycle immediately after the crash showing his headlight clearly on. Such evidence easily disproved the defendant's arguments and her failure to admit fault for the crash, and had the case proceeded to trial, a jury would have mad at her for failure to accept accountability and responsibility for the mistake she made, for the damages she caused.
This case is a reminder :
The importance of having a complete, thorough and timely accident investigation, having the names of all witnesses to the crash and also taking timely photographs of the accident scene, the vehicles involved in ongoing photographs of injuries, adding to other exhibits, for best proof of what happened and for best results obtained in such a case. Likewise, we have seen many cases where the investigating officer may not obtain the names of all witnesses to the crash, nor obtain scene photographs. To this biker's credit, he, with the help of others, recorded all such information themselves, which made a real difference in this case – especially when the other driver would not admit fault or accept responsibility. Such additional evidence brought justice to this biker.