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Archive for the ‘Motorcycle accident’ Category

Motorcycle Passenger to Receive $3.5 Million Settlement

Wednesday, December 29th, 2010

A 17 year old girl was a passenger on her father’s motorcycle when a vehicle struck them at a high rate of speed. The girl suffered several fractures that required surgery to place pins and plates. Not only was she hospitalized for a long while, she also had to undergo rigorous physical and occupation therapy, and then go through more surgeries to have some pins and plates removed.
A mediator has assisted with the negotiations for a settlement. There were accident reconstructions, vocational and economic experts as well as medical experts which presented evidence that the driver of the vehicle crossed the yellow line which made the vehicle driver at fault for the entire accident.

The negotiations were intense and the result was that $1.5 million dollars would be placed into a structured settlement which will in the course of her lifetime pay the teen more than $3.5million. Negotiations and settlements enable one party to avoid claiming responsibility, and also allows the injured party to get justice and satisfaction for their motorcycle injuries, medical bills, and legal fees. Situations like this settlement will ensure that the girl is financially set for the rest of her life.

Motorcycles are dangerous, people are killed and severely injured every day, but the sad thing about this is that most accidents involving motorcycles are not the fault of the rider or driver of the motorcycle, but by the drivers of other vehicles who do not take into consideration that there are other people on the road with them.

Motorcycle Accident Awarded $1.975 Million Settlement

Thursday, December 23rd, 2010

When 40 year old Robert M. Gianguzzo was struck by a vehicle while riding his motorcycle, he was thrown roughly 25 feet through the air. When EMT’s arrived Gianguzzo said that he was having trouble breathing. Gianguzzo was transported to the nearest hospital where he was pronounced dead on arrival.

Mr. Joseph Presti age 83 was driving the vehicle which struck Gianguzzo’s motorcycle. The defendants listed in the lawsuit for wrongful death included Allstate insurance company, Federal Insurance and Chubb Insurance. A settlement was reached through a mediator and <a href="“>personal injury lawyer. An agreement between the parties came to a total of $1.975 million.

Because a settlement was reached there was no need for a jury trial or further court involvement and this allowed no admittance of fault or liability, but provided the estate of Mr. Gianguzzo with financial freedom and some small justice and satisfaction in the case of his wrongful death due to this accident.

It is often found that while motorcycles are touted as dangerous vehicles most of the time the motorcycle and the motorcycle driver are not at fault. The other vehicles on the road seem to not allow proper respect and space for a motorcycle rider who is much less protected in instances of collision.

Wrongful death and personal injury cases come up on court dockets across the country every day. Lawyers and attorneys who specialize in these matters are the best choice for anyone who is facing the challenge of filing a lawsuit concerning this type of injury or death.

Settlement Reached with Harley Davidson

Wednesday, December 22nd, 2010

Anyone who knows anything about motorcycles is well aware of the name Harley Davidson, and is well aware of the danger involved in riding a motorcycle. A settlement has been reached in a lawsuit filed by a firefighter who was left as a quadriplegic after a motorcycle accident.

The 2004 accident on an Arizona interstate led Jim McMahon to eventually hire a <a href="“>personal injury lawyer and sue Harley Davidson alleging that the company produced a faulty motorcycle that led to the crash. The company did not take the blame insisting that driver error caused the accident.
Testimony in this case began last month, and the jury was already in deliberations when jurors informed the judge that they were hung and unable to agree on the topic of liability. The parties involved, agreed to a confidential settlement.

While the details of the settlement are confidential the plaintiff’s attorney said “It’s done, he can get on with the rest of his life.”
A settlement is more than likely the most satisfying outcome for a case such as this. Harley Davidson is a well known and large motorcycle company that has been around for decades, and while the damage to McMahons life is horrifying it is also a fact of life that motorcycle riders are willingly placing themselves in danger every time they straddle the bike. Settling the case or agreeing to disagree could be the best solution for both parties. There were no recalls or known defects in the model of HD Motorcycle involved in the accident.