Case details
Motorcyclist claimed crash caused by driver’s unsafe turn
SUMMARY
$75000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
chest, face, fracture, leg, nose, rib
FACTS
On Aug. 1, 2010, the plaintiff, a 31-year-old mechanic, was operating his motorcycle on westbound Woodside Road, also known as State Route 84, a two-lane road divided by a double-solid yellow line in Woodside. At approximately 5:15 p.m., a 2000 Buick Century driving in front of the motorcyclist slowed down. As the motorcyclist attempted to pass the vehicle, the Buick Century initiated a left turn, resulting in a collision. The impact caused the motorcyclist to be ejected from his motorcycle and land approximately 70 feet from the roadway, in a trench, and became wedged in a wire deer fence. Although he was wearing a helmet, the motorcyclist hit his head, causing him to be disoriented and in and out of consciousness. He sustained to his pelvis, left leg, rib, and face. The motorcyclist sued the driver of the Buick Century and the owner of that vehicle. The motorcyclist alleged that the driver was negligent in the operation of the Buick Century and that the owner was vicariously liable for the driver’s actions. The motorcyclist claimed that as the driver of the Buick Century slowed down, the vehicle also pulled over toward the right side of the lane. He claimed that as he attempted to continue straight in the westbound lane in order to pass the vehicle, the Buick Century allegedly initiated a left turn and collided with him. The motorcyclist contended that he did not see the driver use a turn signal. Thus, he contended that the driver was negligent for suddenly and without warning initiating the left turn. Defense counsel contended that the motorcyclist was traveling at a high rate of speed on Highway 84 and that the motorcyclist attempted to pass the Buick Century by crossing the double-yellow lines. Counsel also contended that the driver of the Buick Century was executing a proper left turn into a driveway and denied that the driver veered to the right before attempting the turn., The motorcyclist was thrown approximately 70 feet from his bike, causing him to land in a trench and became wedged in a wire deer fence. He subsequently struck his head in the accident, causing him to be disoriented and in and out of consciousness, despite wearing a helmet. Paramedics and members of the fire department arrived at the scene, and the motorcyclist was transported by ambulance to Stanford Medical Center in Stanford. The motorcyclist was ultimately diagnosed with comminuted and segmental fractures of the left tibial shaft and fibula, resulting in large fracture blisters. He was also diagnosed with diastasis of the pubic symphysis and a pelvic hematoma. In addition, the motorcyclist was diagnosed with a lateral collateral ligament tear of the left knee, a rib fracture and facial abrasions. The motorcyclist required immediate plating of his symphysis pubic diastasis and external fixation surgery to his left tibia using a bridging external fixator. He also required another surgery for a locked tibial rod in the inferomedial region, resulting in a removal of the fixator. He remained hospitalized for approximately 5.5 months and then received extensive care and treatment, including, but not limited to, physical therapy, occupational therapy, pain management, and various imaging and laboratory studies. Thus, the motorcyclist sought recovery of approximately $455,337.78 in medical costs and $28,300 in lost wages and equipment. His motorcycle was deemed a loss at $5,000.
COURT
Superior Court of San Mateo County, San Mateo, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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