Ventura Motorcyclist Accident Results in $3.15 Million Jury Verdict
Most motorcycle accident lawyers will admit that motorcycle accidents can lead to life threatening injuries. In 2005, 48-year-old Dan Codner was riding his motorcycle on Harbor Blvd. in Ventura when a car driven by John Wills made a left turn from a driveway at an In and Out Burger. This caused Codner to collide with Wills' car. As a result, Codner sustained a number of significant injuries, including traumatic brain injury resulting in permanent hemi paresis, fractured pelvis, fractured acetabulum, and a partially severed femoral artery.
Although Codner had the right of way, three witnesses claim that his motorcycle was traveling at least 55 mph--exceeding the posted speed limit of 35 mph. Police attributed fault entirely to Mr. Codner.
According to California Highway Patrol's Statewide Integrated Traffic Reporting System (SWITRS), motorcyclists aged 45 to 54 accounted for 94 deaths and 1,916 injuries in 2006. That same year, there were 11 motorcycle fatalities and 224 injuries in Ventura County alone.
"The average age of motorcyclists is rising," noted John Bisnar, California motorcycle accident attorney. "Men in their mid-40's are riding more, and choosing motorcycles with larger, more powerful engines, which results in more injuries and deaths."
Codner subsequently filed a lawsuit against In and Out Burger and Wills. Codner's sought compensation for past medical expenses of $458,000, future medical expenses of $150,000, lost wages of $60,000 and future wage loss of $600,000. These amounts were vigorously contested by the defense.
In Codner's claim against In and Out Burger, his personal injury attorneys alleged that the store was negligent in the management of its property, which resulted in a site distance compromise for left-turning vehicles similar to those negotiated by Willis. Codner and In and Out Burger entered into a confidential settlement as a result of a mediation conducted at Judicate West (a mediation and arbitration service) in Santa Ana, California, conducted by Thomas Dillard, a highly respected mediator in December 2006.
Codner's attorneys demanded $500,000 in settlement from State Farm, the insurance carrier for WillsState Farm rejected Codner's demand for settlement and offered $328,000 prior to trial. The Ventura County Jury handed down a verdict of $3.15 million in favor of Codner and against Wills.
"We applaud Mr. Codner's decision to stand up to State Farm insurance company when they refused his settlement that was less than Mr. Codner's medical expenses and lost wages," said Brian Chase. "Congratulations also goes to Mr. Codner's legal team who obtained a just result for Mr. Codner after State Farm refused his most reasonable settlement demand," added Mr. Chase. Not only is Mr. Chase a California motorcycle accident lawyer at Bisnar | Chase Personal Injury Attorneys, LLP but he himself is an avid motorcyclist.
If you or a loved one has suffered serious injuries as the result of a defective auto part or vehicle, contact the experienced California auto products liability attorneys at Bisnar | Chase Personal Injury Attorneys, LLP for a free consultation. We will use our extensive knowledge and resources to achieve the best possible results for you and your family.
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