Motorcyclist Wins $15 Million After Being Struck by Corporate SUV
A California motorcyclist recently won a personal injury lawsuit to the tune of $15 million. The motorcyclist was injured in a crash by an SUV that was owned by a major national corporation. According to the lawsuit, the driver of the SUV was driven by an employee of the defendant. He allegedly rear-ended the motorcyclist at a high rate of speed. The terms of the settlement are keeping the names of the parties to the lawsuit confidential.
At the time of the crash, in 2022, the plaintiff was driving a Suzuki GSXR 600 motorcycle in the eastbound lane of Truxtun Avenue and was nearly entirely stopped at a red light at the limit line of the intersection of Truxtun Avenue and Empire Drive.
According to the lawsuit, the crash was captured on dashcam by another driver who was stopped on the opposite side of the intersection. The dashcam showed the SUV approaching the motorcyclist from the back at about 55 miles per hour and “never appeared to break.”
The force of the crash propelled the motorcyclist across the intersection where he came to rest near the northeast corner. The SUV careened through the intersection and drove onto the southside shoulder, crashing into a large section of fencing.
The motorcyclist was wearing full motorcycle gear and a Department of Transportation-approved helmet, according to the lawsuit. He suffered numerous injuries including a traumatic brain injury, multiple pelvic fractures, multiple tibial plateau fractures, tears of his ACL and lateral meniscus, bilateral rotator cuff and labral tears, and lumbar spine injuries.
The defendants denied liability for the accident claiming that the SUV driver lost consciousness due to an “unforeseeable medical event,” causing the accident that struck the motorcyclist. In California, a driver who causes an accident due to a truly unforeseeable medical event is not liable for any damages resulting from the accident. This is important because the same rule holds true here in Oklahoma.
During the discovery phase of the lawsuit, the plaintiff learned through numerous depositions and written discovery that the defendant had suffered from diabetes for about 40 years and by his own admission, was well aware of the possibility he could lose consciousness due to his condition. In fact, the plaintiff was able to uncover evidence that the defendant driver had lost consciousness as a result of his diabetes including one incident in another state where he drove off the highway.
To make matters worse, before the crash, the defendant had been donating plasma and was aware of the risk of fainting that follows the loss of blood. The defendant also testified that he experienced profuse sweating, strange sensations in his extremities and head, and he suspected these symptoms were related to his diabetes. Nonetheless, he continued driving.
Talk to a Tulsa, Oklahoma Motorcycle Accident Attorney Today
Levinson Law, P.C. represents the interests of motorcyclists injured in traffic accidents. Call our Tulsa personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
Source:
bakersfieldnow.com/news/local/bakersfield-lawyer-wins-15-million-settlement-for-motorcyclist-hit-by-corporate-suv-truxtun-avenue-and-empire-drive-kern-county-california
