Auto VS Bicycle Cases Example #1
Was riding his bicycle to work, where he operated a rock crusher. He was riding on a two-lane road at 5:30 a.m., while it was still dark. The road had no shoulder, so our client was forced to ride on the blacktop, just inside the lane of travel.
As he was riding, our client was hit from behind by the uninsured driver of a truck traveling 35 miles per hour. Our client had functioning reflectors to the front and rear of his bicycle. Our investigation revealed that the driver of the truck was hugging the right side of the road to make room for an oncoming car.
Significant injuries to his back, pelvis, and teeth. Some of his injuries are permanent. He spent several days in the hospital, requiring multiple surgeries.
Our Client’s Problem:
Because the at-fault driver did not have insurance, we made an uninsured motorist claim against our client’s insurance company. The insurance company claimed that the reflectors of our client’s bicycle did not meet the standards under Oregon law. They claimed that he shouldn’t have been on the road prior to daylight hours, and that he should have pulled off of the busy road each time a car approached, even though there was no paved shoulder, and the side was too soft to ride upon.
We retained an accident re-constructionist who performed a 2-day visibility study. He confirmed the reflectors were in conformity with Oregon law and that, given the speeds and distances involved, the bicycle was visible to the truck at all times. Moreover, we proved that our client had a right to ride his bicycle in the lane of travel.
Our client was awarded over $200,000, and received the maximum amount of money allowed by law.
Auto VS Bike Cases Example #2
A prominent member of the community and self-employed business owner. He was an avid mountain climber and competitive outdoors-man, holding numerous mountain climbing records.
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 Accident Injuries:
The 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.
We retained an accident re-constructionist to investigate. The re-constructionist 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 maximum amount allowed by law, proving over $500,000 in damages.