Articles Posted in Motorcycle Accidents

motorcycle accidentIn any civil trial, the court is going to establish certain deadlines and other important dates. Obviously, one key date is the date of trial. Before that, however, there will be deadlines for things like designating expert witnesses and completing all forms of discovery. It is very important to make sure you comply strictly with all of these deadlines. Being late can mean losing out on presenting key evidence. You can also use these dates to your advantage. If your opponent is the one who fails to meet the court’s deadlines, you may be able to use that failure to keep certain potentially harmful evidence out of your case. To make that you are both compliant and also using the rules of procedure to your best advantage, make sure that you have a knowledgeable California motorcycle accident attorney handling your case.

One serious injury case in which the court’s deadlines and the rules of procedure aided an injured plaintiff was the lawsuit filed by Jeremy, a motorcyclist riding in Brentwood in Southern California. During that trip, Jeremy was hit by a vehicle driven by Tomoe. The accident inflicted serious injuries upon Jeremy, and he sued Tomoe for negligence, seeking a large sum of damages. Jeremy’s case was persuasive, and the jury found in his favor, awarding him more than $2.4 million in damages.

Tomoe appealed the verdict. In her appellate case, she argued that the trial court improperly rejected her request to allow for additional discovery and to postpone the trial. The woman’s underlying contention was that, if the judge had granted her requests, she could have presented expert opinion evidence that would have contradicted Jeremy’s testimony, including Jeremy’s statements regarding how fast he was going.

motorcycleIn any personal injury case, there may be facts that make you feel good about your case and other facts that make you pessimistic. If you’ve been hurt in an auto accident, the key, as a layperson, is simply to recognize that you’ve suffered harm and to contact experienced California counsel about your rights and potential for recovery. Sometimes, even very challenging facts may not be “deal breakers.” Recently, one motorcyclist’s family was able to hold a restaurant owner partly to blame in court (Los Angeles County Superior Court Case No. SC112366) for a California motorcycle accident that happened outside the bounds of the restaurant’s property.

The case began with a tourist’s ill-fated visit to an oceanside restaurant. After Terry, a tourist from Oklahoma, left the Malibu restaurant, he turned left because he desired to go north on the PCH. Unfortunately, there was a median barrier in that part of the PCH, and traffic leaving the restaurant was only allowed to access the southbound lanes of the highway. What Terry had done was turn northbound onto the southbound lanes of the highway. Joseph, a southbound motorcyclist, made a desperate attempt to avoid Terry’s vehicle. In the process, Joseph fell off his bike and died from his injuries.

Looking at this case, you might think that Joseph’s family only had a case against Terry. Joseph’s parents’ legal team realized, however, that the blame for this fatal motorcycle accident went beyond just the misguided tourist. The exit from the restaurant parking lot onto the highway was unclear, which meant that it was foreseeable that a customer might become confused and turn the wrong way onto the highway. Since such an accident was foreseeable, that meant the restaurant was potentially liable for harm occurring as a result of the exit’s confusing nature, even though the actual incident took place outside the bounds of the restaurant owner’s property.

truck crashSometimes, obtaining a truly successful outcome in your auto accident case involves not just proving your case and establishing your damages but also making sure that the judgment asserts liability against the right defendants. This is especially true if your damages award is large. Obtain a multi-million dollar judgment against an employee making $15 an hour, and you may recover only a small fraction of your total damages. Obtain that same judgment against the employee and his corporate employer, and you may have a much greater chance of obtaining the full amount of the damages awarded to you.

That is why, in many auto accident situations, it is beneficial, as a plaintiff, to pursue both a driver and the driver’s employer when possible. In many situations, the fact that the accident took place while the employee was commuting to work would close the door on obtaining a judgment against the employer. The “going and coming” rule of liability says that, if an employee causes an accident while going to or coming from work, the employer generally isn’t liable under a respondeat superior theory of liability. In one recent case originating in Orange County, a motorcyclist was allowed to pursue a driver’s employer, even though the accident occurred as the driver was traveling to work.

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motorcycleWhen you’re injured in an auto accident, you may be keenly familiar with the facts of your case. Winning your case, however, involves much more than just a strong presentation of facts. One recent Orange County case was a prime example of this. A motorcyclist won his case due in part to his legal team’s ability to keep out of evidence a potentially damaging statement that was not admissible.

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taxiWhenever someone injures you while that person is working, your legal options potentially expand, but so do the potential complexities of your case. In a matter of a motorcyclist hit by a taxi driver in West Hollywood recently decided by the courts, the motorcyclist was able to obtain a award of damages not only from the taxi driver but also from the taxi company that contracted with the driver. The Second Appellate District Court concluded that the taxi company’s control over the driver was substantial enough to make the driver an agent of the company and the company liable for the harm the driver caused to the motorcyclist.

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motorcycleA former lineman for the UCLA Bruins football team received a type of victory recently when a Southern California jury ruled in his favor in the injury lawsuit he brought against the California Department of Transportation and the taxi driver who hit him. The jury concluded that CalTrans bore the brunt of liability for, as the injured man argued, allowing a dangerous intersection to remain in place without any changes to improve safety. Sometimes, a successful personal injury case can be about more than just recovering damages for the harm you incurred. As the plaintiff told KCAL9 about his litigation, “It stands as a big symbolic victory, but mostly, I’m just excited to know that my losses weren’t made in vain.”

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motorcycle crashA California motorcyclist received a favorable jury verdict recently, as reported by juryverdictalert.com, in his claim for damages arising from the negligence of another driver whose inattentive and abrupt lane change triggered a chain reaction of evasive maneuvers that ended with the motorcyclist’s bike landing on top of him. The verdict in this case is illustrative of the importance of making wise choices in accepting or refusing statutory offers of compromise, as well as a reminder that a change in California’s vehicle laws may make cases like this motorcyclist’s even more valuable in the future.

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blind spotsWhen you get behind the wheel of a vehicle, there are several people or entities who owe you a legal duty. Other drivers have a duty to operate their vehicles safely. If they don’t, and their negligence injures you, you can sue them for the harm you suffered. Additionally, governments have a duty to maintain the roads and intersections they control in a safe condition. In one recent case from Southern California, the Los Angeles Times reported on a case in which the City of Los Angeles’ failure to maintain an intersection in a safe condition, instead allowing unlimited parking to create a “blind” corner, triggered a $23 million verdict in favor of the family of a scientist killed at that intersection.

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