There was an incident involving a police officer riding a motorcycle who was at a T-intersection. He was turning left on to the horizontal axis of the ‘T’ and a car coming from his left hit the motorcycle officer, leaving him paralyzed. In that case, we were able to show that the car was speeding substantially, and that the speed resulted in leaving this officer paralyzed for life.
In another case, a particular rider had been in three or four accidents, several of which were serious with significant fractures and hospitalizations, but he kept riding and, unfortunately for him, he lost his leg in his last accident.
We sometimes see catastrophic injuries from motorcycle accidents because there is no protection around the rider.
Accidents That Lead to Traumatic Brain Injury?
Doctors often use the terms “traumatic brain injury” and “post-concussive syndrome” interchangeably. Clients complain of feeling confused, their memory is poor, they can’t recall a word they want to use and it takes longer to accomplish something they could have easily done before. They sometimes claim to feel bogged down, like they were running in four feet of water, or that they have numerous headaches and experience sensitivity to light, which are all very common symptoms.
The hard thing about TBI cases is that they don’t always show up on a PET scan or an MRI of the brain. If the scam doesn’t show a lesion or a bleed, the client may have a hard time proving their injury. Also, many of their complaints we hear are subjective. For example, they may complain that activities take longer, or they may complain of feeling confused. All of these things are difficult to impossible to prove.
We utilize neuropsychological testing to find out what is happening. Neuropsychologists have developed tests that pinpoint parts of the brain. One part of the brain might control the person’s long-term memory, while another part may control rapid processing, so depending on the person’s scores, we may be able to show that short-term memory loss was correlated to the accident.
We would also talk to family, friends and acquaintances who could testify that the person used to be very quick, have a lot of personality and get through work very quickly, whereas now they have become slow, withdrawn and don’t socialize much. We would show the facts of the injury through those before-and-after witnesses.
Do Clients Become Afraid to Ride a Motorcycle Again?
In my experience, they go one of two ways. There are committed riders who would never give up no matter how many times they got knocked down and then the other side of the spectrum; those who get into a bad accident and decided never to ride again. It can go both ways but it’s usually one of the two extremes.
What If A Loved One Died From Injuries Sustained In A Motorcycle Accident?
If a motorcyclist died from his injuries, his heirs become the plaintiffs. For example, if a husband died and left behind a wife and several children, then the wife and several children could file a wrongful death lawsuit.
They would not be allowed to receive compensation for pain and suffering, but they would be entitled to damages to compensate for the loss of the love, comfort, society, affection and income the decedent would have provided to them. Juries really struggle to agree on a fair amount of compensation for death cases because we all realize that money will not bring the decedent back to life. Juries also recognize that there is no greater loss than the loss of life, so large awards are generally granted in death cases.
For more information on Exceptional Motorcycle Accident Cases, please call (916) 565-2100 today to schedule a free initial consultation. Get the information and legal answers you’re seeking.