Auto and Motorcycle Collisions

Successful Cases:

Motorcycle versus Automobile Collision

The client was operating his motorcycle safely on a public street when he was struck head-on by a vehicle that drove onto his side of the road. The client had numerous serious and life-threatening injuries but managed to survive with the help of excellent medical care. The vehicle was driven by an employee of an automobile dealership which allowed this inexperienced “lot boy” to test drive an automobile that the dealership had just taken in as a trade. It was established that the driver of the vehicle violated the Safety Rules of driving by failing to keep a lookout for oncoming traffic before the driver crossed the center line to make his left turn.

One of the complicating factors in this case was that the automobile dealership’s insurer improperly denied the claim, stating that the policy had been canceled the day before the crash.  After securing a judgment against the dealership, suit was brought against the insurer for the improper denial of the claim.  A thorough investigation was conducted which led to the insurer reversing their denial and paying the judgment. ($2M+)

Additional Policies Found for a
Client in an Automobile Collision

The client was a passenger in her grandmother’s car, which was being driven by the client’s cousin, when it was struck by another vehicle.  As a result of the crash, the client suffered a broken wrist that required surgery. There was no question that the driver of the other vehicle was primarily at fault but that vehicle only carried a $20,000 insurance policy. The client was told by her prior attorney that the $20,000 was the maximum she would be able to recover, and after payment of healthcare liens, nothing would be left.

The client hired Attorney McMaster to examine the case to determine if there was any further coverage. The injuries she received kept her out of work and she wanted to be compensated for the financial loss she was suffering.  She worked in a physically demanding job and was not able to work with a broken wrist. After reviewing the case, Attorney McMaster found two additional policies totaling $100,000, and made a claim for those funds. The automobile in which she was a passenger had a $50,000 policy, and her cousin’s mother had a policy with an additional $50,000 in coverage.

The insurer initially denied the claim stating that only the first driver was at fault. Attorney McMaster took the case to arbitration and the client was awarded the full $120,000.

A Restaurant Over-Served a Customer Causing a Crash

The client was with a group of friends at the bar section of a restaurant.  The bar employees violated several rules regarding the safe service of alcohol to patrons.  As a result of the bar violating the rules, the patron became intoxicated.  The client walked outside just when the intoxicated patron was backing up his vehicle.  The patron backed his vehicle over a sidewalk and ran over our client causing serious injuries.  (Obviously, the patron violated the Safety Rule of driving while intoxicated.)  Attorney McMaster was successful in demonstrating that the intoxicated patron and the bar were responsible for their violations and the client’s injuries., resulting in settlement.