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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 plaintiff’s motorcycle. The defendant argued that he pulled out of the driveway and slowly changed lanes when his car was struck from behind by the plaintiff’s motorcycle.

The plaintiff testified that the defendant’s 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 defendant’s toxicologist testified that the plaintiff’s 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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