Contact Us

Contact Us

When insurance companies are looking out for themselves - we are here to look out for you

Get in touch with us

Call for a Free Consultation

Serving Central California

Specializing Exclusively in Personal Injury Since 1975

$750,000 Policy Limit Settlement for Youngster Riding Bicycle Without Helmet

$750,000 Policy Limit Settlement for Youngster Riding Bicycle Without Helmet

Posted By The Dunnion Law Firm || 7-May-2014

The 14-year old client was out bike riding in the country with his family. They had gone to a lake for a picnic and frolic and were returning home. When they reached their intersection, father rode across; sister saw a pick-up truck coming and waited, but brother set out after father and was hit–the impact knocking him off his bicycle and fracturing his skull. He was in a coma for a few days but eventually came through. He suffered a traumatic brain injury that left him with personality changes. Through the preliminary stages of litigation, the defendant never offered more than $95,000 to settle the case, relying on the fact that the police report was 100% adverse to the boy and that his head injury should be attributed to the fact that he was not wearing a helmet, rather than to their driver’s negligence. Following a mediation, where Dunnion did not waiver in his belief that the defendant should pay the full policy, Dunnion presented the defendant with a statutory demand for the policy. If not paid within 30 days, this kind of demand obligates the defendant to pay the plaintiff’s legal costs, and usually results in an additional obligation to pay the excess judgment, IF the plaintiff gets a better verdict from the jury. Ultimately the defendant was not willing to risk the possibility of such a large verdict and paid the $750,000 a few hours before the demand would have expired. The settlement will be put into an annuity for the boy that should make up for the fact that he may have lost some earning power.