Injured Motorcyclist Wins $5.4 Million Settlement
Huge success for amputee in zero offer case.
Recently, a judge awarded damages of $6.3 million in a case involving a collision between a US Border Patrol agent and a motorcyclist who lost his leg. The court found that the agent was 85 percent at fault for the accident and the motorcyclist was 15 percent responsible, which nonetheless leaves the victim with a much-needed $5.4 million settlement.
The accident in question occurred in 2009, on an unpaved road called Otay Mountain Truck Trail. The motorcyclist, 50-year-old John B Hendrickson, was riding his bike along the road when a Chevy Silverado driven by Border Patrol agent Ryan Moore suddenly appeared around a 90 degree blind turn and struck him. Hendrickson fell from his motorcycle and suffered severe injuries, including a leg that was broken so badly it had to be amputated. The judge determined that Moore was responsible for the accident because evidence showed he was speeding at the time and failed to yield the right of way while going around that sharp blind turn.
This case is worth nothing because it shows the importance of knowing the merits of your case to the extent that you can remain tenacious and determined even in the face of significant resistance. According to the motorcycle accident attorneys working for the victim, the US government consistently denied responsibility for the accident for 5 years leading up to the trial, and never offered the possibility of a settlement negotiation. This sort of situation is not at all unusual when dealing with government entities and large corporations, which often try to play a waiting game with victims, hoping they will not realize their rights and simply give up on the case.
Having a personal injury case drag on like this can put a real burden on victims and their families, which is why a motorcycle accident attorney will often recommend settlement negotiations. However, when the opposite side refuses to engage, there is little choice but to press on. In this case, it was certainly worth it in the end.
If you have been involved in a motorcycle accident that you believe was not entirely your fault, you owe it to yourself and your family to at least come investigate the possibility of securing compensation for your injuries. As an experienced motorcycle accident attorney, Fernando D. Vargas can provide an honest and reliable assessment of the merits of your case and your chances for securing a settlement. Call now to schedule your free consultation.