Motorcycle Accident Resulting in Partial Rotator Cuff Tear

Description:

A 28 year old is operating a 2006 Kawasaki Ninja motorcycle when the driver of a Toyota automobile makes a left turn in front of the motorcyclist, violating his right of way – causing a motorcycle accident. The Florida Highway Patrol investigated the crash and charged the driver of the Toyota for turning left in front of approaching traffic. Afterwards, the at fault driver denied she was at fault, argued the motorcycle did not have its headlight on and argued the motorcycle was travelling to fast for conditions. In Florida, a crash report is not admissible as evidence in any civil action for personal injury. As there were no witnesses, it was his word against her word. After taking the deposition of the other driver, she testified she never saw the motorcyclist before the impact, she could not credibly state the motorcycle did not have its headlights on, nor could she prove the motorcycle was speeding. Case resolved in litigation.

Note:

It is important to hire an attorney as quickly as possible to conduct a supplemental investigation after such a crash, to obtain any and all witnesses, scene photographs, property damage photographs; and sometimes, it may be necessary for the attorney to hire an accident reconstructionist (also to conduct vehicle inspection(s)) to help you prove it was the 100% the other driver's fault.