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Plaintiff was operating a motorcycle when he was involved in a collision in a rural part of San Joaquin County, California in May of 2012. The Defendant, driving a full-size pickup truck, made a left turn directly in front of Plaintiff, violently colliding with Plaintiff and his motorcycle. Plaintiff was ejected from his motorcycle, traveled through the air, and landed on a barbed wire fence almost 70 feet away.
Plaintiff retained an attorney from Southern California who failed to engage the right experts or preserve evidence from the start. Plaintiff retained our firm almost two years after the collision, and we went to work immediately.
The Defendant argued that Plaintiff was speeding and caused the collision. Motorcyclists often are assumed to be “speeding” by virtue of the fact that he/she was on a motorcycle. We have handled many motorcycle cases with similar speeding allegations. Our firm hired an accident reconstruction expert to provide a full analysis of the collision and speeds involved. Through examination of Defendant’s pick-up truck, the remnants of Plaintiff’s motorcycle, and the scene of the accident, we were able to prove that Plaintiff was not speeding at the time of the collision, and that Defendant was negligent in failing to yield the right-of-way to Plaintiff.
Plaintiff was in a coma for several days after the collision. He sustained a severe injury to his left arm and multiple facial fractures. Plaintiff underwent surgery for his facial fractures and had his jaw wired shut for several months. Plaintiff’s left arm was fractured in multiple places and the major nerves were damaged. He underwent multiple surgeries to repair and regain use of his left arm; however, Plaintiff was never able to regain any sensation or function to his left arm.
Plaintiff’s life changed forever. Plaintiff was only 21 years old the time of the collision. Plaintiff will need pain medication and physical therapy for the rest of his life. Furthermore, he was on the path to becoming a Pharmacy Technician and had just received his certification and a job offer at a local pharmacy.
Through the involvement of multiple experts (medical doctor, vocational rehabilitation expert, forensic economist, etc), we calculated of the cost and value of Plaintiff’s future medical care, Plaintiff’s total past loss of earnings, and the value of Plaintiff’s future loss of earning capacity.
Despite years of denying liability and several refusals to pay anything, we convinced the insurance company to pay our client the policy limit of $500,000.
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