Tracy Colman  |  December 24, 2019

Category: Legal News

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Motorcycle accidentA catastrophic personal injury case filed in Los Angeles County Superior Court by a motorcyclist named Matthew R. has come to a conclusion with a $21.5 million verdict against defendant Hardin Irvine Automotive Inc. doing business as Kia of Irvine.

According to a Dec. 4, 2019 article by Law360, the plaintiff alleged he was hit on his bike by a mechanic employed by the dealership who changed lanes illegally. The mechanic, Justin D., purportedly veered out of a carpool lane on a stretch of Highway 405. In so doing, the driver hit the motorbike and sent it careening into a flatbed truck also traveling on high-speed thoroughfare, Matthew claimed. The impact allegedly catapulted the plaintiff onto the road’s surface and allegedly caused catastrophic personal injury.

Matthew R. says he suffered broken vertebrae in his back, multiple fractures to the hand, and a broken femur. According to another source, he spent four full weeks as an inpatient at UC Irvine Medical Center where he was subjected to several surgeries and rehabilitation. The motorcycle accident reportedly led to limitations in his ability to function and the challenged were compounded by psychological fallout from the event.

Matthew says he is unable to work in his pre-accident occupation as a graphic designer again because of these burdens.  He says he was also unable to return to his previously active lifestyle, pointing out that he completed a 600-mile backpacking trip across Spain he finished shortly before the wreck, according to Law360. Regular hiking had been a large part of the plaintiff’s life beforehand, alleged Matthew, and now no longer can be.

Prior to going to trial, a settlement for the catastrophic personal injury lawsuit was offered in the amount of $4 million. The defendant driver had admitted to fault in the accident by failing to heed traffic laws by signaling his intent to exit the carpool lane, exiting in an improper location, and driving in the lane without a secondary vehicle occupant. The purpose of the trial was for the court to determine the extent of harm inflicted upon the plaintiff by these actions.

The trial reportedly lasted eight days and took only two hours to deliberate. While it wasn’t mentioned whether the footage was reviewed during the course of the trial, the secondary report on the case and its outcome indicated that the accident was recorded by a Go-Pro camera attached to the helmet of another motorbike rider in the vicinity.

The defense didn’t call any witnesses during the legal process but did cross-examine witnesses and expert testimony offered by the complainant in an attempt to build a case. Despite their efforts, the $21.5 million verdict was sizable. The jury broke it down into a $3.5 million award for financially-related harm and $18 million in pain and suffering.

According to the American Bar Association, most personal injury legal actions involve automobile accidents. Any driver has a “duty to exercise reasonable care” every time they get on the road behind a wheel. When an injury results from the failure to operate the vehicle with this dutiful care, the victim is within their rights to recoup their losses financially in a court of law.

If you or a loved one were injured due to the negligence of another party, and you have recoverable damages, you may have a viable personal injury lawsuit. Get a free evaluation of your potential case by filling out the form on this page now!

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