Motorcycle Injury Attorney Discusses Motorcyclist Receiving $31.5 Million Award
California Jury Awards Motorcyclist $31.5M Due to Unsafe Road Conditions
A California jury awarded a motorcyclist $31,500,000 recently, concluding that his injuries were the foreseeable result of an unsafe condition along a stretch of a California state highway. The California motorcycle accident lawyers at our firm understand that motorcycles face many risks when on the road, both from other drivers and from inherently dangerous conditions
David Evans, a Los Angeles County District Attorney, was riding his motorcycle eastbound along California State Route 138 when a car struck him. The other car’s driver was attempting to turn left at the intersection of Highway 138 and Mountain Road, in violation of the California Vehicle Code. The accident left Evans with severe brain and spinal cord injuries that will require 24-hour nursing care for the rest of his life, PR Newswire reported.
California Department of Transportation Identified the Intersection as Dangerous
The California Department of Transportation (Caltrans) had identified the intersection as “skewed,” meaning that the angle of the intersection exceeded the preferred 90 degrees. Evans’ accident was one of a string of injury wrecks along that stretch of Route 138, giving the roadway a notorious reputation and leading to nicknames like “Death Highway” and “Blood Alley.”
At trial, lawyers for Evans presented evidence that Caltrans knew of the intersection’s dangerous condition. “This condition has been a problem since more people moved into the area,” Evans’ legal team explained. Records indicated that the traffic count on Route 138 exploded from 3,000 motorists per day in 1990 to 10,000 in 2000 and with the increased traffic volume inevitably came increased danger. The evidence at Evans’ trial included 10 previous accidents at the same intersection and a complaint from a local citizen warning Caltrans about the intersection’s dangerousness some 18 months before Evans’ accident, Yahoo reported. Despite the reports of increased usage, accidents and local citizen complaint, Caltrans did nothing to address the unsafe condition of the intersection, Evans’ attorneys contended.
Caltrans Held Partially Liable for Accident
The jury in the case agreed that Caltrans was partially liable for the accident. The jury determined that the other driver bore 85 percent of the responsibility for the accident, but that 15 percent of the fault lay with Caltrans. Evans’ attorneys cheered the verdict as sending an important message to the state agency. “We are very pleased that the jury concluded that this is a dangerous condition. State Route 138 needs to be changed for public safety. We’re confident that Caltrans will listen to the jury and make the appropriate corrections,” Evans’ attorneys stated in a press release. “It is important that Caltrans fixes problems they know exist. Public safety should be paramount,” Evans’ legal team added.
In California, a defendant found liable for any percentage of fault in an accident is liable for 100% of the “economic damages”—the medical expenses, loss of income, etc. This is called “joint and several tort liability. The rationale behind this rule is that it should be up to the parties at fault to then collect from one another based on the fault percentages. This spared the accident victim of the risk that one of the responsible parties cannot pay in full.
Compensation for “general damages,” such as pain and suffering, are only payable proportionately to the fault allocation. Previously, these damages were fully collectible from any party at fault, but this rule was changed in a statewide ballot proposition.
Questions? Contact a Motorcycle Injury Attorney For a Free Consult
If you have recently suffered injuries in an accident, contact our San Francisco accident attorneys. Governments owe all motorists who use their roadways a duty to engineer and maintain those roads in a safe manner. Where the state overlooks or ignores evidence that puts it on notice that a road is dangerous, it may be liable for the injuries motorists suffer on those roads.
Speak to one of our accident attorneys to learn about your rights to compensation. Motorcycle injury attorney Boone Callaway is a former motorcycle owner, and he’s successfully handled cases for those injured in motorcycle accidents around the Bay area. Call 415-541-0300 now to request a free consultation.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
