Friday, April 3, 2009
Friday, March 20, 2009
Motorcycle Accident San Jose
At times insurance companies just refuse to pay a reasonable amount for a claim. We just finished a trial in Santa Ana where the defendant's insurance company offered $200,000.00. We took the case to trial at the beginning of March 2009 and the jury awarded our client $775,000.00. This case will be noted in a later blog. In San Jose plaintiff David Allen was on his way to work on his motorcycle. Plaintiff claimed that defendant made an illegal and unsafe U-turn into plaintiff. The investigating officer claimed that plaintiff was 100% at fault. The officers claimed that plaintiff had unlawfully crossed a double yellow line in an effort to pass just before the collision. It was important to note that the defendant was directing traffic by waiving people on from the seat of his vehicle.
Plaintiff suffered injuries to his back requiring surgery, tibia/fibula fracture and various soft tissue injuries. The plaintiff had $155,421.00 in past medical and $96,100.00 in future special damages. The offer was $100,000.00 and plaintiff was awarded 1.8 million at trial.
At Penney and Associates we have dedicated trial teams that work hard to obtain maximum recovery on all cases whether from a settlement or trial.
Plaintiff suffered injuries to his back requiring surgery, tibia/fibula fracture and various soft tissue injuries. The plaintiff had $155,421.00 in past medical and $96,100.00 in future special damages. The offer was $100,000.00 and plaintiff was awarded 1.8 million at trial.
At Penney and Associates we have dedicated trial teams that work hard to obtain maximum recovery on all cases whether from a settlement or trial.
Thursday, January 22, 2009
Disclaimer
DISCLAIMER: here is the legal “mumbojumbo” that we need to say.
Any and all written material contained herein from Penney and Associates or its attorneys is for informational purposes and is not intended to be construed as legal advise. Any mention of cases or the results of such cases is not intended to advise concerning the value of similar cases. Nothing herein is intended to create an attorney-client relationship. Always consult with an attorney.
Any and all written material contained herein from Penney and Associates or its attorneys is for informational purposes and is not intended to be construed as legal advise. Any mention of cases or the results of such cases is not intended to advise concerning the value of similar cases. Nothing herein is intended to create an attorney-client relationship. Always consult with an attorney.
MOTORCYCLE HITS CREVICE IN ROAD CAUSING ACCIDENT
MOTORCYCLE HITS CREVICE IN ROAD CAUSING ACCIDENT
(Hamilton v. State of California, Alameda County Superior Court Docket #VG06296717)
At approximately 3:00 p.m. plaintiff, Charles Hamilton III was riding his motorcycle on interstate 580 near Flynn Road when he felt the front end of his motorcycle suddenly drop down into what seemed like a small gap in the concrete between lane number one and two. Once the motorcycle came out of the small gap between the lanes the motorcycle began to wobble and head toward the center guardrail. Once the motorcycle entered the bumpy center divide area the plaintiff was thrown off of his motorcycle and into the guardrail. Plaintiff suffered a compound left ankle fracture, left femur fracture, right hip and shoulder fracture, pelvic fracture, torn right rotator cuff and multiple lacerations.
The defendant, State of California argued that the imperfections were minor and that the accident was caused by mechanical defects of the motorcycle and rider error by overreacting.
Prior to trial the case was mediated and settled for $700,000.00.
A motorcycle rider must be very careful when riding on roads that are in poor condition. At Penney and Associates we handle all types of motorcycle accidents that occur in the State of California.
Penney and Associates cannot guarantee a result in a case similar to the above, all cases are different and must be thoroughly reviewed prior to settlement. Penney and Associates obtains information concerning cases from various sources. For further information see www.penneyandassociates.com
(Hamilton v. State of California, Alameda County Superior Court Docket #VG06296717)
At approximately 3:00 p.m. plaintiff, Charles Hamilton III was riding his motorcycle on interstate 580 near Flynn Road when he felt the front end of his motorcycle suddenly drop down into what seemed like a small gap in the concrete between lane number one and two. Once the motorcycle came out of the small gap between the lanes the motorcycle began to wobble and head toward the center guardrail. Once the motorcycle entered the bumpy center divide area the plaintiff was thrown off of his motorcycle and into the guardrail. Plaintiff suffered a compound left ankle fracture, left femur fracture, right hip and shoulder fracture, pelvic fracture, torn right rotator cuff and multiple lacerations.
The defendant, State of California argued that the imperfections were minor and that the accident was caused by mechanical defects of the motorcycle and rider error by overreacting.
Prior to trial the case was mediated and settled for $700,000.00.
A motorcycle rider must be very careful when riding on roads that are in poor condition. At Penney and Associates we handle all types of motorcycle accidents that occur in the State of California.
Penney and Associates cannot guarantee a result in a case similar to the above, all cases are different and must be thoroughly reviewed prior to settlement. Penney and Associates obtains information concerning cases from various sources. For further information see www.penneyandassociates.com
Thursday, November 20, 2008
CYCLIST INJURED IN COLLISION
Minor child, age 14, was injured while riding his bicycle at the corner of Jennings and Newburgh streets in Riverside, CA. He collided with defendant Shirinian's automobile. Each party was blaming the other for the accident. No other facts or evidence was given. The case settled for $67,500.00. What do you believe happened? Why did they settle for the aforementioined amount?
At Penney and Associates we handle all types of bicycle accidents and have handled ones similar to those mentioned above. Remember one thing, do not ride your bike across the cross walk, walk it.
At Penney and Associates we handle all types of bicycle accidents and have handled ones similar to those mentioned above. Remember one thing, do not ride your bike across the cross walk, walk it.
Tuesday, October 28, 2008
MOTORCYCLE ACCIDENT
Many motorcycle accidents are caused by the inattentive driver of the automobile. However sometimes the accidents are caused by negligence of the motorcycle rider. On January 22, 2006 a young woman was driving a motorcycle in Southern California without a helmet. She fell due to her own fault and sustained serious closed-head injuries. After surgery she passed away ironically and arguably, due to "low sodium" in the body. The case settled for $460,000.00 and was classified as a Medical Malpractice and failure to diagnose and treat case.
Penney and Associates is a law firm with offices throughout California dedicated to the representation of people injured while riding a motorcycle or trike. More information can be found on our website at http://www.penneyandassociates.com/.
Penney and Associates is a law firm with offices throughout California dedicated to the representation of people injured while riding a motorcycle or trike. More information can be found on our website at http://www.penneyandassociates.com/.
Tuesday, October 14, 2008
Motorcycle Lawyer
I am Jim Gingrich and I am a personal injury attorney and will be blogging in the future about Motorcycle accidents in California.
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