Monday, October 26, 2015

Medford Motorcycle Accident results in $288,114 verdict

Medford Motorcycle Accident results in $288,114 verdict was first published to roydwyer.com

motorcycle collision with vanFacts of the Case

Our client was operating his motorcycle on a rural stretch of highway.  He came upon an airport shuttle van followed by a Jeep.  Both were traveling slowly, and the shuttle van driver appeared to be lost.  Not seeing any turn signals, our client attempted to pass both vehicles on the left in a marked passing zone.  However, as he did so, the van swerved first to the right, then to the left across the lane of travel.  As a result, our client struck the side of the van, breaking his leg, which required surgery.

Challenges Involved in the Case

Our client was cited in the collision, though the ticket was ultimately dismissed.  However, the business ended up suing our client for the damage to its van.  The attorney our client’s insurance company hired to defend the property damage claim recognized that our client may have a claim of his own, and referred the client over to us to evaluate and handle that claim. But our client’s claim was not easy.  First, he was operating a fast “crotch rocket” style motorcycle, so the business’ lawyers knew that a jury would likely be biased against him for that reason alone.  Additionally, he was attempting to pass two slow moving vehicles at the same time, and testified that once he committed to the pass, he was taught not to decommit, so he didn’t, even though he noticed the van begin to move from the center of its lane to its right.  He also testified that there were no driveways or houses to the right of the van which it might have been turning into, which the defense attorney argued meant that our client should have recognized he was preparing to make a left turn.  Finally, the driver of the van claimed that he had his left turn signal on prior to the crash.

Steps Taken by Our Lawyers

The Medford offices of Dwyer Williams Potter filed a counterclaim against the business that owned and operated the van.  We proceeded through discovery, asking for numerous related documents, deposing the driver of the van, the owner of the business, and several witnesses to the crash. Notably, the driver of the van, while claiming he had his left turn signal on at the time of the crash, further claimed that it was still on after he parked the van.  However, we pointed out that once his wheels were straightened out – as the police photos clearly showed – that his left turn signal would have turned off.  Thus, this could only mean he turned his left signal on after he stopped his van after the crash to stage his claim.  More telling was the fact he immediately called his boss after the crash, before even checking on our client who was unconscious with a severely broken leg outside of the van.  Additionally, the driver claimed that he turned his signal on when he saw the address of the house he was traveling to.  However, the address marker for the driveway at issue could not be seen from the road until the driver was within 20 feet of it – not 100+ feet that the driver had claimed.  Nothing about the van driver’s story smelled right. Before trial, our client’s insurance company settled the property damage claim the business had filed against him, leaving only our personal injury claim at issue.  We were unable to get a reasonable settlement offer on our claim, so ultimately tried the case before a 12 person jury.

Resolution for Our Client

We took the case to trial where the jury determined that our client had sustained $288,114.13 in damages.  However, the jury also felt that both parties were equally at fault, thereby cutting his judgment to half this amount.  Ultimately, this was not a bad result for a case that most outside lawyers thought was un-winnable. To see more cases that we have successfully fought for our clients check out our settlements page.

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Friday, October 23, 2015

Icy Road Accident Leads to a $350,000 Settlement

Icy Road Accident Leads to a $350,000 Settlement Find more on: http://www.roydwyer.com

Oregon Car Accident Attorney | Oregon Car Injury Attorney | Oregon Inclement Weather Car AccidentCircumstances of the Case

Our client was driving her Jeep Cherokee eastbound on U.S. Highway 26, about three miles north of Madras.  At the same time, the adverse driver was driving an Oldsmobile Bravada - owned by his mother - westbound on the same stretch of highway.  The road surface was covered in ice and snow.  Our client estimated her speed at the time at 30 miles per hour and the adverse driver estimated his speed at 45 - 50 miles per hour.  However, his SUV began to fishtail, he lost control, then continued to slide sideways into our client’s lane of travel, directly in front of her Jeep.  A high-impact crash resulted, and both vehicles were a total loss. The Jeep’s driver’s side of the vehicle was crushed, leaving our client trapped inside.  Firefighters worked with hydraulic tools for about a half hour before they could extricate her from the Jeep.  During that time, paramedics immobilized her spine, but were unable to reach her right ankle, which sustained an open and comminuted fracture in the crash.  She also had broken ribs and suffered a severe concussion in the accident Our client was taken by ambulance to Mountain View Hospital in Madras, where surgery was attempted.  Physicians there determined that she needed a higher level of care and, about three hours after the accident, she was taken by ambulance to St. Charles Medical Center in Bend.  Given the road conditions, the trip was slow going, and ended up taking two hours and 10 minutes.  Doctors at St. Charles performed emergency surgery on her ankle, placing a plate and multiple surgical screws. Our clients injuries in the accident required immediate surgery.Unfortunately, the anchoring screw placed in the first surgery broke and, as such, there was no fracture union.  After developing severe erosive degenerative arthritis and bone-on-bone contact in the joint, our client underwent two additional surgeries; one to fuse her ankle and a second to remove the hardware, which was causing her a great deal of pain, with permanent residual deficits.

Difficulties of the Case

Another local attorney was handling this case, and had filed a lawsuit after being unable to obtain a reasonable settlement.  However, he retired soon after, and his firm felt it was unable to handle the complexities involved in personal injury litigation, so they hired our firm to take over the case. The defendant’s insurance company denied that the accident was their driver’s fault – arguing simply that people lose control on ice.  It also disagreed as to the amount a reasonable jury would compensate our client for her pain and suffering (noneconomic damages).

Action Taken by Dwyer Williams Potter

We took over the case in litigation, and proceeded through discovery.  We obtained detailed records concerning the other driver’s driving record, insurance, and property damage.  We also worked up the facts about the accident, how it happened, and what he could have, and should have, done differently to avoid the collision altogether.  Additionally, we worked closely with our client’s medical team to determine what her related injuries were, what treatment she might need in the future, as well as how much that treatment was expected to cost.

How We Resolved the Case

We pushed the case into mediation where, with the aid of an experienced mediator, we convinced the insurance carrier that it should take this case seriously.  After nearly a full day of mediation, we were able to settle the case for $350,000 in additional to what had already been paid by our client’s motor vehicle insurer (who would be reimbursed from the bad driver’s insurance company independently).  We also reduced the amount of money our client was obligated to reimburse her health insurance company out of the settlement.  Ultimately, our client was very pleased with the result, as was the firm that referred us her case. At Dwyer Williams Potter Attorneys we aggressively pursue justice and fair compensation for all of our clients.  If you or a loved one have been involved in an accident, please contact us today for a FREE consultation.  If you need more proof of our success take a look at more of our settlements.

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Thursday, October 22, 2015

$363,000 Settlement for Truck Accident While on the Job

The post $363,000 Settlement for Truck Accident While on the Job was first published to Dwyer Williams Potter Blog

Client's Isuzu work truck from accident in Eugene, OR

Facts of the Case

This recent settlement involved an accident while performing work dutiesOur client was the driver of an Isuzu Truck traveling north on SR 99 nearing the intersection of SR 99 and Milliron Road in Eugene, Oregon. The other driver was traveling west on Milliron Road approaching the intersection with SR99.  Westbound traffic on Milliron Road is controlled by a stop sign at the SR 99 intersection.  The other driver failed to stop at the stop sign and entered SR99 into oncoming traffic causing our client’s vehicle to collide with the other driver.  The police cited the other driver for Careless Driving. Our client sustained very serious fractures to his left leg and injuries to his right thumb and chest.  He was hospitalized following the accident for 10 days. While in the hospital, he underwent surgery to repair an open right tibial wound with tibial plateau fracture and closed right femur fracture.  Multiple small bone fragments were removed during surgery and his ruptured patellar tendon and patellar tendon avulsion required extension repair and well as repair of a rupture of the medial retinaculum. A second surgery was performed on his right thumb to repair the MP joint ulnar collateral ligament.  Upon release from the hospital, he underwent rehabilitation for another two weeks.  Our client's medical care was monitored by orthopedic specialists and he was unable to return to work for one and half years. His medical expenses totaled over $202,000.00 and he received wage loss benefits in the amount of $65,750.51.

Reason for Contacting Dwyer Williams Potter

Our client was on-the-job at the time of the accident and his worker’s compensation carrier was required to pay for all of his medical bills and lost wages, which created a lien against his recovery in the amount of $242,001.55.  By Oregon law, the worker’s compensation carrier is entitled to reimbursement of their lien from the settlement from the bad driver.  The bad driver's insurance company refused to reimburse the worker’s compensation carrier for their entire lien, which meant that their reimbursement would affect the amount that our client received from the settlement.

Actions Taken by Our Attorneys

We filed a lawsuit, but we were able to continue negotiations with the bad driver’s insurer and the worker’s compensation carrier.

Final Resolution

We were able to negotiate with the worker’s compensation carrier and convince them to accept far less than they were legally entitled to recover pursuant to Oregon statutes.  Further, we were able to convince the bad driver’s insurer to increase their offer to $363,000.00 so that our client was able to put more money in his pocket. If you or a loved one have been in a car accident, contact us today for a free consultation.  At Dwyer Williams Potter we fight to ensure our clients are fairly compensated for all their injuries.

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