. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.



Philadelphia County, PA

The plaintiff was a 40-year-old man who was riding a motorcycle on Interstate Route 76 in Philadelphia when he collided with a vehicle driven by the defendant driver. The plaintiff alleged that the collision was caused when the defendant negligently changed lanes and struck his motorcycle. The plaintiff also claimed that the defendant fled the accident scene. The defendant argued that it was the plaintiff who negligently changed lanes and caused the collision. The defendant also maintained that the impact was so slight that he did not even realize that a collision had occurred.

The plaintiff testified that he was riding a motorcycle in the right center lane of Route 76 on September 18, ________. He alleged that the defendant moved from the lane to his right and struck his motorcycle with the driver’s side of his vehicle. The plaintiff then swerved to his left, struck the back of an unidentified vehicle and flew over the handlebars of his motorcycle coming to rest on the highway, according to testimony offered.

The plaintiff was transported to the hospital by ambulance and was diagnosed with bilateral ankle fractures, fractures to his right heel and a fracture of the left tibia. The plaintiff underwent surgical repair to the ankle, heel and tibia fractures involving open reduction and internal fixation. He was hospitalized for approximately three months and then transferred to a rehabilitation facility for an additional month and a-half.

The plaintiff’s surgeon testified that the plaintiff will probably require fusion surgery to both ankles in the future, as well as additional surgery to remove orthopedic hardware. The plaintiff returned to his former employment as a truck driver, but contended that he is now precluded from physical tasks such as loading and unloading trucks. The plaintiff testified that he is also limited in other activities such as walking and interacting with his minor son.

The defendant testified that he was driving in the right center lane of the highway when his wife, who was riding in the back seat, told him that a motorcycle had just struck their car. The defendant contended that he pulled over, but saw no damage to his car. He testified he pulled over a second time at the insistence of his wife and notice marks on the left side of his vehicle. He then called “________” to report the incident, according to the defense.

The defendant’s accident reconstruction expert opined that the damage to the driver’s side of the defendant’s sedan indicated that the plaintiff’s motorcycle had entered the defendant’s lane and caused the contact. A motorcyclist who was traveling behind the plaintiff testified that he and the plaintiff crossed from lane four on the left to lane one on the right and then to lane two (right center lane) in the span of approximately a mile between exits.

Evidence also showed that the plaintiff was driving at night with a motorcycle learner’s permit which precluded night driving. In addition, the defense showed that the plaintiff was involved in two prior motorcycle accidents in which he sustained serious injuries to his lower extremities requiring surgeries.The jury found that both the plaintiff and defendant were negligent. However, the jury concluded that the plaintiff’s negligence was not a factual cause of the accident. The plaintiff was awarded $________ in damages.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.