$110,000: Driving Miscommunication Leads To Motorcycle Vs. Auto Collision

June 9, 2010

CASE DESCRIPTION:  Plaintiff was riding his motorcycle when the defendant made a left hand turn in front of him resulting in an accident and significant injuries to the plaintiff.  The plaintiff brought suit for personal injury and his wife brought suit for loss of consortium.  The defendant disputed what happened factually and their liability.

RESULT:  $110,000.00 total settlement

On Saturday, June 8, 2002, at approximately 3:30 p.m., Brian S. was traveling northbound on Oakview in the City of Aliso Viejo, on his way home on his 1969 Triumph motorcycle.  As he proceeded up the hill towards the intersection with Endless Vista, he observed a white mini-van heading southbound on Oakview that appeared to have stopped.  At this intersection, Oakview is a two-lane roadway with no painted lines or separation from vehicles traveling in opposite directions.

Seeing the white mini-van stopped near the intersection of Oakview and Endless Vista, Brian S. proceeded across the intersection.  As Brian S. proceeded straight ahead at approximately 30 miles per hour (per his estimation), the white van started a left turn across his path.  The violation of plaintiff’s right of way resulted in a collision.

Defendant disputed liability on the ground that Brian S. was traveling too fast and could have avoided the collision.  A witness who was parked along the curbline of Endless Vista testified that she believed that Brian S. was traveling approximately 60 miles per hour shortly before the collision occurred.

TYPE OF CASE:  Personal Injury; Loss of Consortium; Motorcycle vs. Auto

INJURIES:  As a result of this incident, Brian S. has suffered the following primary physical injuries: 1) lacerated spleen 2) laceration/impalement wound to left hip 3) detachment of the abdominal oblique and gluteus muscles 4) broken left fibula 5) sprained left leg and ankle and 6) multiple abrasions and contusions.

DATE & LOCATION OF INCIDENT: On 6/8/02 at 3:30 p.m. in the City of Aliso Viejo.

PLAINTIFF’S AGE:  Husband – 34 at time of incident

OCCUPATION:  Husband – A self-employed remodeling contractor.
Wife – A court clerk.

PLAINTIFFS’ ATTORNEY:
Darren O. Aitken
AITKEN * AITKEN * COHN
For Plaintiffs – Brian & Jennifer S.

DEFENDANT’S ATTORNEY:
Michael D. Rohfeld
For Defendant – William T.