Often times, when one thinks of personal injury litigation in an auto accident, one envisions an accident that involved at least two vehicles. It might be tempting to assume that if one is injured as a driver in a single-vehicle accident, then there is no other driver to sue and therefore no chance of recovery. That’s not necessarily true. There may be a variety of sets of facts that may allow you, as a driver in a single-vehicle accident, to sue and secure a much-needed judgment or settlement. To be sure you go about this kind of action in the most effective way possible, be sure you have an experienced San Mateo injury attorney on your side.
There are certain road or highway issues that can affect some drivers more acutely than others. For example, potholes in the road might do damage to your car, truck or SUV, but are less likely to cause you to suffer personal injuries. As a motorcyclist, you risk is much higher. As is the case in so many motorcycle accidents, the biker is at an elevated risk of injury from anything that would cause the biker to be thrown from the bike, as that would result in him/her striking the ground with significant force.
That was what happened to a motorcyclist in San Pedro, according to his lawsuit. The motorcyclist, P.R.A., crashed in October 2015 after he hit several potholes along Western Avenue, according to a Patch.com report. In the crash, the motorcyclist hit his head and suffered a severe traumatic brain injury. The injury left the man with permanent brain damage and meant that he faced a lifetime of never being independent again, with caretakers required to meet many needs that most of us take for granted.
Even though P.R.A. was a driver in a single-vehicle accident, his legal team was, through proper investigation of the crash, able to spot a problem that potentially contributed to the accident. The fateful stretch of Western Avenue contained a series of potholes that, according to the motorcyclist’s lawyer, city employees created while using surveying equipment, the report stated.
This discovery indicated that the city was negligent in its inspection, maintenance and upkeep of the road, the motorcyclist’s lawyer asserted. The law requires municipal entities to avoid allowing unreasonably dangerous conditions on their roads. In order to succeed on a liability claim based upon unsafe road conditions, you need to have evidence that the city either knew or should have known about the hazard but did not take the proper steps to fix the problem and/or warn users about it.
When you pursue this kind of claim, expect a vigorous opposition. The city in this motorcyclist’s case argued that P.R.A.’s accident was actually his fault. Ultimately, though, with adequate evidence, you can overcome these defenses. P.R.A.’s evidence was strong enough that the city eventually agreed to settle the case and pay the man more than $6 million.
Whether you were hurt in a single-vehicle accident, two-vehicle crash or a multi-vehicle/chain-reaction accident, your injuries deserve to be fairly compensated by all of those who contributed to the crash, whether that is another driver or the city who maintained the road. For skillful and diligent representation, reach out to the experienced San Mateo motorcycle injury attorneys at the Law Offices of Galine, Frye, Fitting & Frangos. Our attorneys have been providing effective representation for many years to meet the unique needs of injured motorcyclists. To set up a free consultation with one of our experienced attorneys, contact us at 650-345-8484 or through our website.
A California City Recently Agreed to a $6.1M Settlement after Potholes Caused a Motorcyclist to Suffer a Severe Brain Injury
