Motorcycle Accident Resulting in Multiple Injuries: Neck, Back, Shoulder etc.

Description:

A motorcyclist riding his 2000 Harley-Davidson was on the expressway travelling the same direction as a 2005 Mazda owned by a cab company. The motorcyclist was in the inside SunPass lane when the driver of the Mazda darted over into his lane of traffic immediately in front of the motorcyclist and stopped abruptly, causing the motorcyclist to hit the rear of the Mazda.

Police investigation followed and the driver of the Mazda was cited for Improper Lane Change. Afterwards, the driver of the Mazda denied fault for causing the crash, and litigation followed. In taking the deposition of the at- fault driver, the we asked when the last time his eyes were checked, he provided us the name of the eye examiner, subpoena for records was issued to the eye facility and we learned the defendant did not have his eyes examined. After such discovery, the driver's insurance company immediately tendered his insurance limits of $100,000.00 and we also collected the underinsured motorist limits of $10,000.00, for a total recovery of $110,000.00.

Note:

In Florida, there is a presumption of fault when a vehicle rear-ends another vehicle; and, this presumption can be overcome when you can show the other vehicle made a sudden and unexpected stop without warning. Case resolved in litigation.