Auto vs Bicycle
Our Client:
Our client was a prominent member of the community and self-employed business
owner. He was an avid mountain climber and competitive outdoorsman, holding
numerous mountain climbing records.
The Facts:
While training for a local bicycle competition, he was hit from behind by
an uninsured truck traveling 55 miles per hour. The driver of the truck claimed
that our client had turned left in front of him, causing the crash. Our client
was hurt so badly, he couldn’t remember the accident.
His Injuries:
Our client’s injuries were severe, including damage to both knees (surgery
on one, required future knee replacements on both), shoulder (requiring a
shoulder replacement), a broken pelvis, a broken hip, etc. His doctors stated
that he will never climb mountains or ride bicycles competitively again.
Our Client's Problem:
The at-fault driver had no insurance, so we made an uninsured motorist claim with our client’s insurance company. They claimed he turned his bike in front of the truck, that the truck was driving slowly, and the point of impact was in the middle of the lane. Due to his injuries, our client could not remember the collision making it difficult to dispute the testimony of the uninsured driver.
The Resolution:
We retained an accident reconstructionist to investigate. He concluded that, given the damage to the bicycle, where the bicycle and our client ended up, and our client’s injuries, the bicycle could not have been turning at the moment of impact. At arbitration, we got the defendant’s expert to admit that our expert’s opinions were valid, and that if the collision happened as testified to by our expert, the uninsured motorist must have been speeding.
We recovered the max amount allowed by law, over $500,000 in damages.
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