Our client was traveling in the center lane of a 5 lane highway when the Defendant Driver made a unexpected U-turn in front of him causing the crash before fleeing the scene. The lawsuit was filed against our client’s underinsured motorist carrier who disputed liability and claimed our client was speeding while weaving in and out of traffic which caused the crash. Client sustained a leg fracture that required an open reduction and internal fixation to repair and a traumatic brain injury. The underinsured motorist carrier also disputed that it was responsible for the extent of our client’s injuries because he had been involved in another motorcycle crash a few years prior were he sustained almost identical injuries. Initially the at-fault driver refused to sit for a deposition because of a pending criminal charge for fleeing the scene. Once that charge was resolved and we were able to depose him, we were able to establish he was not a credible witness and that his testimony was not consistent with the physical evidence. Our office was able to effectively refute the liability defense which the underinsured motorist carrier was basing its evaluation of a lower settlement value on. However, even after dismantling the this liability defense the carrier maintained our client’s damages did not warrant the policy limits based on his prior motorcycle crash. Our office than went through and showed through extensive medical testimony that our client sustained an aggravation of his prior injuries and that this aggravation was clearly caused by this crash. After discovery closed on the eve of trial, we were able to resolve the case for more than 3 times the underinsured policy limits.
Practice Area: Motorcycle Accident