Hog Law Case Results

Motorcycle Accident Resulting in C5-6 disc herniation indenting the spinal cord requiring surgery, also sustaining other injuries.

Description:

A Toyota Avalon made a wide right hand turn at an intersection causing a sideswipe collision with a motorcyclist, resulting in significant injuries. The driver of the Toyota questioned how the collision occurred and a witness verified the elderly driver of the Toyota swung too wide while making his right turn, violating the biker's right of way. The investigating Sheriff's Deputy reported the driver of the Toyota "Failed To Yield Right-Of-Way", also ordering the at fault driver to submit for re-exam for his driver license. Afterwards, MRI of Cervical Spine revealed a C5–6 disc herniation/extrusion, moderate cord indentation, also having neural foraminal narrowing, worse on the left. MRI of Right Elbow revealed tendinosis with a partial thickness tear. MRI of Right Ankle revealed a nondisplaced second and third metatarsal base fractures. Ultimately, the biker was referred to a neurosurgeon, diagnosed with the C5-6 disc herniation with tear, lumbosacral sprain and right cubital tunnel syndrome, recommending surgery, a C5–6 discectomy and total disc replacement. After surgery, all medical records, billing ledgers and final narrative reports were promptly submitted to the insurance companies. The insurance company for the at fault driver tendered their limits of $250,000. The motorcyclist had automobile insurance having Uninsured/Underinsured motorist coverage, tendering their limits of $25,000, for total recovery obtained of $275,000.

The takeaways from this case are:

1. The at fault driver had Bodily injury liability coverage, having higher limits than usual. At the time of this writing, Florida law does not require Bodily injury coverage and many drivers have no such coverage, making them uninsured motorists.
2. The biker was smart to have automobile insurance having "Stacked" Uninsured/Underinsured motorist coverage, such coverage followed him as he operated his motorcycle and we were able to obtain all such additional insurance coverage in a timely manner, saving the biker from unnecessary litigation.

This is another example where the biker obtained the best medical care and financial recovery available under the circumstances, without need for litigation, litigation expenses or delayed recovery.