Have the Right-of-Way in your Car Accident? Jury Trial Decided Motorcycle vs. Car Showdown and $450,000.00 Verdict!
Some people leave the scene of an accident with minor injuries, some end up with severe life changing disabilities. In one case, a motorcycle rider was fortunate to walk away, but in terms of injuries…he was not so lucky.
In Floyd County, Georgia a motorcycle collided with a vehicle turning left onto northbound Highway 293 from Turner Chapel Road. The motorcycle driver was riding southbound on Highway 293 when the accident occurred.
The showdown was between a female vehicle driver and a male motorcycle rider in early spring of 2004. The vehicle driver pulled in front of the motorcycle. According to the rider, he veered to his left to avoid the car, but the collision was inevitable and he ran into her.
A Motorcycle Driver As the Plaintiff
The motorcycle rider sued the female. He stated that he was traveling the posted speed of 45 mph. He claimed that she was being negligent to the right-of-way rules. As a result of the accident, he had a fractured pelvis that required fixation of the left acetabulum and eventually needed a total hip joint replacement on that same side.
According to an independent witness, it was obvious the woman driving the car hesitated at the intersection, but did not stop prior to proceeding through the stop sign on Turner Chapel. Medical experts testified that the plaintiff will need at least one—maybe even two—additional hip replacements in the future. His ability to return to work had been compromised.
A Half-A-Million Request from a MVA
He sought $500,000 for past and future damages.
The defendant, her husband and a third witness testified that the plaintiff admitted to speeding. She also claimed that she stopped prior to entering the intersection and did not see the plaintiff until after the impact.
The motorcycle rider’s statement wasn’t lining up with the hearsay from earlier…the vehicle driver’s statement wasn’t lining up with what the plaintiff’s witness saw at the scene. So who’s at fault? Who’s right?
The Jury deliberated for nearly two hours and the plaintiff was awarded $450,000.
Call Our Law Firm If You Were Injured in a Motor Vehicle Accident
If you have ever been caught in the middle of a right-of-way accident, don’t hesitate to contact The Millar Law Firm for a free evaluation of the facts on your case. Most importantly, don’t let the “blame game” keep you from taking action. If you aren’t sure who’s at fault, let us help.
LEGAL DISCLAIMER: The above article is a factually-accurate case history of an actual previously litigated or settled Georgia case. The case was reported on in local media and/or legal reporting services and it was not handled by The Millar Law Firm. However, we think our current and prospective clients may find this information interesting and informative as the case is factually similar to cases our office routinely handles. Please be advised that The Millar Law Firm makes no guarantees your case will have a similar outcome, as past results of our firm or of other lawyers and law firms are not guarantees of future performance.