Biker forced to Lay Bike Down and Suffers Injuries After "Un-Insured" Bus Illegally Turns in Front of Him

NOTE: This article is part of our ongoing series highlighting recent cases.

Our attorneys settled a case that began when a gentleman on a motorcycle was forced to lay his bike down on the road when a bus made an illegal left-hand turn in front of our client, who had the right-of-way.  The client did not initially hire our law firm and, instead, went to an attorney who was quickly rebuffed by the bus company's insurance company.  The was that the bus had just been purchased and had not yet been reported as part of the company's fleet to the insurance company.  The VIN was not yet part of the insurance package or declarations page.  In rejecting the obligation to make a payment for the injuries the client suffered, the insurance company claimed that because the bus was new and had not yet been listed on the declarations page of the insurance policy that it was an uncovered vehicle and that no insurance would be applicable.  They, therefore, declined to agree they were responsible for his injuries or make any payment.

When the client finally retained our law firm our attorneys knew, immediately, that the issue as to whether the bus was part of the declarations page or insurance package was not important because Georgia law places certain obligations upon this commercial carrier to insure this bus, even if it was brand new, and had not been reported to the insurance company.  We were able to, quickly, show the insurance company the appropriate law in Georgia that would govern their conduct and, quickly, thereafter, were able to settle our client's case.

We share this example with you because we feel that it is indicative of our law firm's tenacity in pursuing cases that other lawyers have either abandoned or do not have the appropriate appreciation of the issues and nuances related to common carriers and truck accidents as we do.  And our refusal to be bluffed or bullied by insurance companies through their usual tactics.

Military Health Insurance Lien Resolved and Additional Monies Found at a Reduced Attorney Fee Rate for an Active Military Service Member

NOTE: This article is part of our ongoing series highlighting recent cases.

We were contacted by an active duty Army sergeant who was injured when a truck cut off his motorcycle and he, too, sustained serious injuries to his leg.  He was required to undergo a number of surgical procedures and, when he contacted us, the military was in the process of assessing whether he needed to be medically discharged seven months shy of 20 years in service and retirement.  To add insult to injury, he was unable to reach any type of settlement with the at‑fault party's insurance carrier because of a lien placed against any settlement funds.  When we met this sergeant we, again, reviewed his entire case and, again, were able to find an additional insurance policy, worth $100,000.00, that he was unaware of that had liability to make payment for his injuries and accident.

Knowing everything that we did about the case, and how valuable it could be in terms of attorney's fees, we still reduced the fees that we charged this service member in thanks and gratitude to his two deployments to Afghanistan.  We were immediately able to provide the at‑fault party's insurance carrier with adequate assurances that the lien would be satisfied and they shortly they turned over the available insurance monies to satisfy his claim. 

We were also successful in our efforts at lobbying the military with regard to his situation and we received a waiver their lien.

Again, a client who we were able to enhance the value of his settlement, significantly, through our knowledge and efforts.  Yet at the same time that we provided value to this client, we still maintained our office's own pride and integrity in adjusting our fee for this serviceman.

Some of Our Significant Cases

Many other law firms post their larger or more significant cases on their websites in an effort to inform potential clients of their skill level and prowess in handling a significant matter such as an accident involving a large truck or bus.  We have also had similar large successes.  For example, in the past 18 months we have settled a bad faith case arising out of an accident involving a truck accident with an insurance company for $700k (7x the available limits), represented a family in the wrongful death of their father when he was died following a traffic accident and recovered $1.35 million for his widow and estate and we recently won a $750k arbitration award in a case involving a single vehicle roll over with a serious product defect, where the driver was alleged to be drunk (now on appeal).  These are in addition to other cases we have successfully resolved for our clients during this time. 

We feel compelled to be able to show you some of our more significant cases as well, so you can see our experience in handling similar cases to yours and understand how successful we can be in handling your case while providing value to you that other attorneys may not be able to.   

We do so, however, with slight trepidation and a disclaimer. 

Our hesitation in identifying only some of the larger cases that we have handled as significant is that we fear it diminishes the significance of every client's case that we have handled. In all honesty, to each individual client their case is very important and it is, therefore, significant to us. What we have tried to compile in all case-related articles is examples of a few cases that our lawyers have been involved with that show the range and depth of our experience level, our legal creativity and how we can utilize these skills in enhancing our clients’ cases and make sure that they are compensated appropriately.  With these reservations in mind, the following are some of our more recent success stories:

The Cardboard Sign Case

In a case that was recently covered by one of the local newspapers, our lawyers were instrumental in tracking down a  witness to an accident caused when a truck backed into our client's lane of travel.  Without a witness able to corroborate our client's version of events his claims would never be honored by any insurance carriers and there was plenty of insurance money available to cover his claims. 

Our client was traveling to work one day and as he was doing so a truck loaded down with material was backing up into the streets in an effort to make a U-turn across the roadway.  In doing so the driver of the truck couldn't see our client approaching because our client was approaching through a blind spot or "no zone."  As the truck continued to back up the client took evasive maneuvers on his motorcycle trying to move one way around the truck and when he was foreclosed from doing so, he attempted to go the other way as well.  Neither option worked and as the maneuvers failed to protect him he was forced to lay down his motorcycle and was seriously injured in the crash.  The truck drove off and all the client could remember, for quite some time, was that he recalled a red vehicle behind him while he was coming down the street and a nurse who was able to help him at the accident site. 

Our attorneys were the second group of lawyers on the case and the first to walk the accident scene and roadway.  Immediately we realized that if you were traveling this roadway you had a reason to be there and that 80% of the traveling public on the road was likely to be locals.  We thought a sign on the road looking for the missing witness might do the trick -- AND IT DID.  We were able to settle the case for $275k and you can read about it in the article published by the Fulton County Daily Report here:

Video Leads to Large Settlement

The photo below memorializes one of the most crazy cases we have been able to settle.  We got the video because our client and his friends were out one day hoping to videotape each other having a good time riding their motorcycles and doing tricks, like wheelies, and other things. So as our client was rolling by, he took a video.

The aftermath of the accident was that our client went to the hospital with a broken leg that required surgical repair.  He had no health insurance and big, outstanding medical bills.  He was also credited with causing the accident and charged with reckless driving by the officer who arrived at the accident and conducted the investigation.  As part of our "from ticket to trial" philosophy, we handled the client's traffic citations as part of his personal injury case and were able to successfully have those charges dismissed.

One other lawyer turned down the case cold and another closed the file once he got a letter from the insurance company denying the claim.  When we looked at the video, in our FREE INITAL CONSULTATION, we did so on a frame by frame basis.  When we did we came across the frame below and we thought we might be successful with the case. 

See, the single frame capture clearly shows a yellow light several moments after the accident with dust and debris still flying around.  It was pretty clear that our client still had the right of way at the time of the accident and he didn't cause the collision. 

Shortly after we sent the video and screen capture along with a revised demand letter, we were able to force a settlement for enough money to satisfy the outstanding medical billings, the client's lost wages and money for his pain and suffering.  In this case a photo was worth not only a thousand words, but instead also worth many thousands and thousands of dollars.

Complicated Settlement for Two-Year-Old Boy

Our attorneys successfully negotiated a settlement for a 2-year-old boy who suffered head injuries in an accident.  The injuries were relatively minor, given his very young age, and after periodic monitoring for six months with a doctor he was fully discharged.  The facts of his case were similar to many accidents and the ultimate settlement was an amount that was appropriate for the nature and type of injuries the child suffered. 

We point this case out to people interested in reading about our skills and abilities because of this client's young age.  A settlement for a child under the age of 18 must be approved by a court and many times needs to be structured appropriately. Additionally, the court will need to obtain from the client's attorney certain assurances that the money will be properly maintained for child's use and benefit and spent only for those purposes.  In other words they are required by law to make sure that the adults in the child's life aren't going to go off spending his money on themselves, cars, or their "toys." 

In this particular case we were able to successfully structure the settlement so as to satisfy all of the outstanding medical bills and health insurance claims that were made against the settlement funds.  We were also able to provide a small, lump-sum, payment to the family immediately and structure the rest of the settlement monies in such a way as to ensure adequate amounts of monies would be available to him for college tuition and expenses.  His parents also wanted to make sure there would be an additional payment to this young man some several years past his college graduation, hopefully to finance his first home purchase.  Our attorneys worked very closely with the family in structuring these benchmarks that were important to them.  We also worked closely with funding companies we have working relationships with to make sure that the structure the family wanted to put in place for the funds was not only attainable and appropriate, but that the money would be invested with appropriate financial companies to ensure that the monies would still be there in 20 years when the child is supposed to receive them.  Our contacts and knowledge level in working on cases like this can be a benefit to you and your children who have been involved in accidents and we are more than happy to explore these possibilities with you.