Articles Posted in Motorcycle Accidents

by

Doe, age 7, was riding in a van operated by his classmate’s mother. As the van entered an intersection that was controlled by a traffic light, Roe, an employee of a contracting company, collided with the van, which caused it to strike a telephone pole.

Both Doe and his classmates were ejected and landed on the roadway. Doe suffered a traumatic brain injury (TBI).

Doe’s family sued the contracting company and his classmate’s mother alleging liability for the crash. The Doe family claimed that Roe’s choosing not to stop at a red light caused the crash.

Continue reading

by

John Pesci, 60, was driving his motorcycle through an intersection when he was struck by a vehicle driven by Jacklynn Barke. She had run a red light. It was a T-bone collision. He suffered a fractured right leg, as well as a fractured skull, jaw, and nose. He underwent 13 surgeries before he was able to walk again and required a wheelchair for two years after this incident.

Pesci sued Patrick Mahoney, who owned the vehicle that Barke was driving. Pesci alleged that Mahoney negligently allowed Barke to use his vehicle while she was under the influence of drugs. Pesci also claimed that Mahoney was vicariously liable for Barke running the red light, maintaining proper control of her vehicle, and choosing not to yield the right-of-way. Pesci did not claim lost income or medical expenses.

The jury signed a verdict for $8.9 million.

Continue reading

by

Catherine White was operating her motor scooter on a street when Zareh Koocherian’s vehicle turned left directly in front of her. White lost control of her scooter, fell, and suffered lower back injuries that required placement of a spinal cord stimulator.

Although the stimulator has provided relief from her back pain, she is still unable to work as much as she had before the incident. Her medical bills were approximately $326,000.

White sued Koocherian alleging that he negligently made the left turn in front of her causing the collision. The lawsuit did not claim past lost income. The jury’s verdict in favor of White was more than $4.4 million finding White comparatively negligent at 20%.

Continue reading

by

Cindy Tran Huynh was just 22 years old when her death occurred. She was driving her motorcycle through an intersection on a green light when George Hooks, who was operating a tractor-trailer owned by MDV SpartanNash, LLC, turned left across Huynh’s path.

Huynh suffered a fatal blunt force trauma. She had been a veteran and student and is survived by her parents.

Huynh’s mother, individually and on behalf of her estate, sued MDV SpartanNash, alleging that Hooks had chosen not to keep a proper lookout and to yield the right-of-way.

Continue reading

by

Allison VanDerMaelen was riding on the back of a motorcycle that was approaching an intersection. A garbage truck driven by Robert Choinski for CWPM, LLC was traveling westbound while the motorcycle was eastbound.

Choinski’s garbage truck crossed the centerline and entered the eastbound lane crashing head on into the motorcycle.

VanDerMaelen suffered serious injuries including brain hemorrhaging, chest trauma, and multiple fractures. She underwent numerous surgeries and was hospitalized for almost three months. She then underwent six months of physical therapy, rehabilitation and additional leg surgeries. VanDerMaelen continues to suffer pain and restrictions in her daily living activities and uses a wheelchair or walker to move around.

Continue reading

by

Motorcyclists have a higher fatality rate than drivers of cars. This is due to many factors, but one is the fact that motorists frequently fail to notice motorcycles. In many accidents, the motorcyclist is not wearing a helmet. In some instances, motorcyclists are traveling at high rates of speed, and they collide with a car or truck. Such was the case in the death of D.S.

D.S. was operating a motorcycle eastbound on Aug. 31, 2008 on Higgins Road in Schaumburg when he entered the intersection at Mall Drive with a green light. He was cut off by a car operated by the defendant, T.W. She was making a U-turn from westbound Higgins to head eastbound.

D.S. was killed in the crash. He was survived by his wife and three mnior children. D.S. was a firefighter and paramedic with the Deerfield-Bannockburn Fire Department. At the time of the accident, he was driving a high-performance motorcycle on his way to a charity run.

Continue reading

by

The Illinois Appellate Court has ruled in favor of a motorcycle rider who lost a leg in an accident and sought a $1 million judgment against Allstate Insurance Co. This decision might have gone differently for Allstate, but the insurer made several very serious errors in its handling of the case.

This case was reported in the Chicago Daily Law Bulletin.

The accident occurred on June 30, 2006, when the driver, E.H., allegedly drove a truck through a stop sign and smashed into the side of a motorcycle driven by S.K., whose leg later had to be amputated. The truck was owned by a third party, L.S.

Continue reading

by

A Cook County jury has found in favor of Harley-Davidson Motor Co. Group Inc., Illinois Harvey-Davidson Sales Inc. and Nissin Brake Ohio Inc. after the death of a husband and wife who were killed in a motorcycle accident on May 23, 2006.

The husband and wife, G.R. and S.R., were traveling northbound on Houbolt Road in Joliet, Ill., on a green light when a southbound car driven by an uninsured motorist made a left turn in front of them to access the eastbound Interstate 80 entrance ramp. A collision occurred that killed both G.R. and S.R.

The husband was operating a 2005 Harvey-Davidson 1200R Sportstar Motorcycle. He sustained multiple traumatic injuries and died a short time later in the emergency room. His wife, age 57, died at the scene of the crash. The couple had no children.

Continue reading

by

When it comes to car accident lawsuits, a jury will very rarely reward a driver for engaging in dangerous behavior. This trend held true in the motorcycle accident case of Edward Utterback, Janette Simons v. Dawn Isenhart, 09 L 15849. The jury found in favor of the defendant after determining that the plaintiff motorcycle driver was 100 percent at fault for the accident.

The motorcycle crash occurred near the Chicago intersection of Clark Street and Granville Avenue. The defendant, Dawn Isenhart, was making a right-hand turn into the parking lot of the Raven Theater. As Isenhart turned, she collided with Edward Utterback’s motorcycle, throwing both he and his passenger from the vehicle.

Utterback sustained a rib contusion, or bruise, and suffered from neck pain following the motorcycle accident. Janette Simons, his passenger, fractured her right collar bone, sustained “road rash,” and required stitches. She also reportedly lost consciousness at the scene of the crash.

Both Utterback and Simons filed a personal injury claim against Isenhart in which they contended that Isenhart’s negligent driving caused their injuries. And while both parties initially included lost wage claims for their missed time from work, Utterback withdrew his claim prior to the Cook County trial.

Continue reading

by

Cell phones have made it easier for people to stay connected and to access data while on the go. However, cell phones can cause car accidents, whether the driver is using them to talk or to text. And while many states, including Illinois, have passed bans on the use of cell phones while driving, doing so has not been able to halt the use of cell phones while driving.

Consequently, the National Transportation Safety Board (NTSB) is looking for other strategies to halt the use of cell phones while driving. Last week it suggested that insurance companies could help limit this widespread problem if they simply refused to pay out for accident claims caused by drivers texting or talking on their cell phones.

And while the NTSB’s idea makes sense and even seems like it could work, insurance companies are not jumping on board. To explain their reluctance to adopt the NTSB’s suggestions, insurance companies explained that one of the main reasons to have insurance is that insurance companies will cover the cost of injuries even if the auto accident is caused by careless or even reckless behavior. And as an insurance specialist and spokesperson for the Consumer Federation of America said, “An accident is an accident.”

Continue reading