Motorcycle Dump Truck Construction Accident Case
An area restaurant owner was riding his vintage Harley Davidson motorcycle when a rock fell directly into his path from an overloaded dump truck that had just left a construction site. When the motorcycle struck the rock it flipped violently forward causing the rider to strike his head on the pavement and sustain permanent brain damage.
Because this case involved the overlap of several different types of cases it presented a complex and challenging set of factual and legal issues. Since the injured plaintiff was a motorcycle rider the case involved the usual motorcycle accident issues including the handling of a motorcycle, the stopping distance of a motorcycle, and the limitations on a motorcycles’ ability to swerve suddenly. Because the motorcycle rider was not wearing a helmet the case involved the defense of a riders’ right to decide whether to wear helmet. The involvement of a dump truck in causing the motorcycle to flip injected issues common to trucking accident cases into this motorcycle accident case. A substantial portion of the discovery focused on trucking safety, the rules and regulations applicable to open bed dump trucks and the proper method of tarping a loaded dump truck. The fact that the dump truck had recently left a construction site injected construction related issues such as the responsibility to check to insure that loose debris is removed from the truck and that the load is properly distributed in the dump bed before a the dump truck leaves the construction site.
Through extensive discovery we were able to determine that the excavation of the construction site was behind schedule resulting in the loader operators overloading the dump trucks in an effort to get back on schedule. We were able to successfully make claims against the general contractor, the excavation contractor, and the dump truck contractor.
A Life Care Plan was developed which detailed the victim's lifetime medical and nursing home care needs. An Economist's Report calculated the victim's lifetime lost wages. A loss of consortium claim was made for the victim's spouse. A substantial confidential settlement was reached which included a lifetime structured settlement.
After more than thirty years and thousands of personal injury cases there is virtually nothing that we haven't seen and successfully handled. There is no substitute for experience. If you want the assistance of an experienced Board Certified Personal Injury Attorney in the Tyler / Longview / East Texas area contact us today.