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Verdict range $0 - $100,000
ARTICLE ID 168139
Motor vehicle negligence - Auto/motorcycle collision - Alleged negligent pull out from drive way - Multiple fractures to arms and legs - Degloving injuries - Multiple surgeries performed.
Hillsborough County, FL
This action involved a collision between a motorcycle
ridden by the 54-year-old plaintiff and a car driven by the
defendant driver. The plaintiff alleged that the defendant caused
the impact by negligently pulling out of a driveway in front of
the plaintiffs motorcycle. The defendant argued that he pulled
out of the driveway and slowly changed lanes when his car was
struck from behind by the plaintiffs motorcycle.
The plaintiff testified that the defendants vehicle suddenly
pulled out of a driveway across three lanes of travel in front of
his motorcycle and he was unable to avoid the impact. An
eyewitness, who was driving behind the defendant, testified that
the defendant pulled out of the driveway directly into the third
travel lane. The plaintiff admitted to drinking alcohol earlier
in the day, but testified he stopped drinking several hours
before the accident, did not consume much alcohol and he was not
intoxicated nor impaired at the time of the accident
The plaintiff sustained multiple fractures to his arms and legs,
as well as severe degloving injuries. He underwent a total of 12
surgeries, including multiple skin grafts and his physician
testified that another surgery is indicated in the future. The
plaintiff returned to his employment as a motorcycle mechanic
following his surgeries.
The defendant testified that he looked before pulling out of the
driveway and saw that the road was clear. The defendant testified
he pulled into the first lane, the second lane then the third
lane after checking his mirrors and putting on his turn signal;
but the plaintiff then struck his car in the rear.
The defendants toxicologist testified that the plaintiffs blood
alcohol level was above a.08 and that the plaintiff was impaired
at the time of the crash. Witnesses also testified that the
plaintiff was driving his motorcycle at a high rate of speed and
weaving in and out of travel lanes before the collision.
The jury found no negligence on the part of the defendant which
was a legal cause of injury to the plaintiff.
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