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Motorcyclists Settles for Defendant's Policy Limits With Government Claims Pending

Motorcyclists Settles for Defendant's Policy Limits With Government Claims Pending

Posted By The Dunnion Law Firm || 18-Aug-2016

On December 31, 2015, a 48 year old Visalia gardener was heading home after work on his motorcycle, traveling in the middle lane of Mineral King in Visalia, California, approaching the Highway 198 on ramp. Through intuition he "felt" lights on his right side. Suddenly a woman tried to cross onto the freeway to the left of him. The motorcycle rider stated he might have been in her blind spot when she cut over but he was not certain. The woman’s vehicle struck the right side of his motorcycle and sent him flying across two lanes of traffic and into a pole. His left arm hit the pole with such force that the pole was bent. He was knocked unconscious and really did not recall anything until he woke up later in Kaweah Delta District Hospital.

Unfortunately, the police report was not without blame against the motorcycle rider. The officer found that he was driving at a dangerous speed and likely under the influence. This was based on blood draw at the hospital showing traces of methamphetamine and marijuana. The motorcyclist denied any recent use of the substances. It was at this point that he contacted The Dunnion Law Firm and an attorney undertook his representation. Unfortunately, the motorcycle rider carried minimal limits of only $15,000.00. However, the defendant had a $50,000.00 policy which upon presentation of the evidence was tendered to the motorcycle rider by the woman’s insurance carrier.

The Dunnion Law Firm negotiated his bills and notwithstanding the bills were over $340,000.00, the motorcycle rider was able to put $16,000.00 in his pocket from the $50,000.00 settlement. The Dunnion Law Firm also filed government claims against the State of California and the City of Visalia which are currently pending.