Hog Law Case Results

Motorcycle Accident Resulting in Neck & Aggravated Low Back Injuries.

Description:

The driver of a van made a sudden and unexpected left turn at an intersection, violating the biker's right of way – causing a motorcycle crash. The driver of the van denied fault saying it was the biker's fault. Police investigation of the crash did not result in any citations. The biker received first aid at the scene, was transported by ambulance to a local hospital and was diagnosed with multiple injuries. Supplemental investigation retained an accident reconstructionist to inspect the van. The examination revealed the van had mechanical defects, having a no turn signal and other defects, which both the owner and driver knew about, making this vehicle a dangerous vehicle, allowing us additional information to prove the biker was not at fault. The biker was diagnosed with neck herniation(s), required neck surgery and also aggravated his prior low back injury. Such injuries caused the biker to lose his job, causing him lost wages, future lost wages, past medical bills, future medical bills, permanent injuries, limitations and restrictions. The take-away from this case is the importance of retaining an attorney early after a crash. Issuing a prompt preservation and inspection request (when necessary) and documenting the mechanical defects of the other vehicle (by an expert) can be of critical importance to proving fault against the other driver. Ultimately in this case, the at fault driver denied such mechanical defects in his deposition (despite clear proof to the contrary) and he did not have any credibility in his defense. The case resolved promptly afterwards.

The take away from this case is:

• The importance of retaining an attorney early after a crash;
• Issuing a prompt preservation and inspection request (when necessary);
• Documenting the mechanical defects of the other vehicle (by an expert) can be of critical importance to proving fault against the other driver.

Ultimately in this case, the at fault driver denied such mechanical defects in his deposition (despite clear proof to the contrary) and he did not have any credibility in his defense. The case resolved promptly afterwards.