On August 5, 2017, at 11:36 a.m., our client traveled westbound on First Street in Santa Clara. He was operating his motorcycle in compliance with all traffic laws when a driver in a Mercedes E-350 made a left turn directly in front of him, resulting in a severe collision. This accident caused significant injuries, substantial medical bills, and a loss of income, leaving our client in a state of uncertainty.
Motorcycle accidents can often lead to serious injuries, impacting not just the victims but also their families and communities. It’s crucial to understand the implications of such accidents, including the emotional and financial burdens they impose. In this case, our client not only faced physical recovery but also had to navigate the complexities of insurance claims and legal representation, which can be overwhelming without proper support.
Details of the Santa Clara Motorcycle Accident
Negligent driving encompasses a range of behaviors, from distracted driving to reckless speeding. In many cases, motorcycle riders are at a heightened risk due to their visibility on the road. The driver of the Mercedes E-350 failed to yield, a common issue that has led to numerous similar accidents. Understanding how these incidents unfold can help raise awareness and promote safer driving habits among all road users.
This was a vehicle versus motorcycle collision caused by the driver’s negligent actions of a 2006 Mercedes E-350. The at-fault driver’s actions resulted in the impact of our client’s motorcycle. There were no adverse road conditions at the time of the accident. Our client sustained multiple severe injuries, including a fractured right hip, a left metacarpal fracture, a left inferior pubic ramus fracture, and severe back pain. He was airlifted from the scene to Santa Clara Valley Medical Center for immediate treatment.
The aftermath of such incidents often leads to a significant emotional toll. Not only does the victim face physical rehabilitation, but there are also psychological impacts. Many victims experience anxiety, PTSD, or depression stemming from their accident experience. Legal representation plays a vital role in addressing these broader impacts, ensuring that victims receive compensation for medical bills and emotional distress.
Additionally, it’s important to consider the long-term effects:
Case Facts and Legal Advocacy
Following the accident, our client required extensive medical treatment, including surgeries involving pins and plates. Liberty Mutual Insurance, the at-fault driver’s insurer, initially resisted covering his medical expenses and other damages. Facing mounting medical bills and lost income, our client sought legal representation from GJEL Accident Attorneys.
In our case, Liberty Mutual’s initial resistance highlights a disturbing trend in personal injury claims. Insurers may leverage any ambiguity or doubt to their advantage, making it essential for victims to document everything thoroughly, from medical records to eyewitness accounts. This strengthens the case and protects the victims’ rights during negotiations.
He sought answers to crucial questions:
The negotiation process with insurance companies is often fraught with challenges. Insurers frequently aim to minimize payouts, which can involve tactics such as questioning the severity of injuries or suggesting that the victim shares some responsibility for the accident. This is why having an experienced attorney is crucial. They can effectively counter these tactics and ensure that victims receive fair compensation that reflects their damages.
- Who would be responsible for his medical bills?
- How would he manage the financial burden and potential lost income?
- What if he faced permanent, life-altering injuries?
GJEL attorneys promptly evaluated the case and, at the client’s request, met with him in his hospital room. A thorough investigation commenced, including obtaining the police report from the Gilroy Police Department, which confirmed the other driver’s 100% liability.
Successful Settlement and Resolution
Initially, Liberty Mutual Insurance attempted to shift blame to our client, citing a witness who believed he was speeding. However, GJEL Accident Attorneys effectively countered this claim by highlighting that the witness did not see the accident and only heard the motorcycle. Through diligent investigation and legal advocacy, attorney Jim Larsen, with a lawsuit filed by attorney Andy Gillin, successfully negotiated an $830,000 settlement for our client after fourteen months of litigation.
Key Case Details
- Insurance Companies: Liberty Mutual, Geico Insurance
- Police Report: Gilroy Police Department
- Vehicles: 2006 Mercedes E-350, 2001 Suzuki/GXR1000
- Accident Location: First Street, Gilroy, CA
- Medical Facilities: Gilroy Fire Department, CalStar Ambulance, Santa Clara Valley Medical Center
- Injuries: Fractured right hip (surgery with plate), closed Colles’ fracture of the left radius, left 5th metacarpal fracture, right open medial malleolus, pubic symphyseal widening, left inferior pubic ramus fracture, right scapular fracture
This case powerfully illustrates the devastating consequences of negligent driving and the critical role of skilled legal representation in securing justice for motorcycle accident victims.
GJEL Accident Attorneys’ unwavering commitment to investigating the accident, challenging the insurance company’s narrative, and aggressively pursuing compensation ultimately resulted in a substantial $830,000 settlement.
If you or a loved one has been seriously injured in a motorcycle accident, don’t face the challenges alone. Contact GJEL Accident Attorneys today for a free, no-obligation consultation. Our experienced team is ready to investigate your case, fight for your rights, and help you secure the maximum compensation you deserve.
Legal representation goes beyond just winning a settlement. It is about ensuring that victims can reclaim their lives post-accident. This involves financial recovery and emotional and psychological support as people adjust to new realities following their injuries. Support groups, counseling, and rehabilitation services are invaluable resources that can help integrate victims into daily life.
At GJEL Accident Attorneys, we pride ourselves on being more than just lawyers; we are advocates for our client’s well-being. We understand that every case is unique, and the human element is always at the forefront of our approach. Our team is dedicated to providing legal expertise and compassionate support to guide clients through this challenging process.
We understand the physical, emotional, and financial toll of these accidents, and we are committed to providing compassionate and effective legal representation to help you get your life back on track. Call us at +1 415-986-4777 or visit our San Jose office for a free legal consultation.
Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Since 1972 he has been helping seriously injured victims throughout northern California fight & win their personal injury cases. Andy is one of the top awarded & recognized wrongful death lawyers in northern California.