Brian – A Motorcycle Accident Settlement
We next turn to the motorcycle case involving our client Brian who suffered a severe leg injury while returning home from work on his motorcycle in Trumbull in April of 2018. At the time Brian was traveling southbound on Madison Avenue. As he approached the intersection of Canoe Brook Road to his right, he collided head-on with a Honda Civic driven by a young woman named Rachel. Rachel was traveling in the opposite direction on Madison Avenue coming toward Brian when she made a left turn directly in front of his motorcycle. Although Brian hit the brakes as hard as he could he was unable to avoid the collision and the impact with Rachel’s Honda threw him over the handlebars onto the side of the road.
Thankfully, Brian was wearing a helmet which protected his head and likely saved his life. But his right leg was badly broken in two places and the skin around his kneecap had torn away. After a full trauma assessment at the ER where he was taken with X-rays, CT scans and lab tests, Brian was told he would need to have surgery to place a rod in his shin. What Brian was not told, however, was that the gaping hole around his knee could lead to the type of infection leaving no option but amputation below his knee.
When Brian still had not healed three months after his surgery, he was referred to a trauma specialist at Yale. The infection had gotten so bad that when the specialist removed Brian’s bandaging, he could see right through the flesh down to the bone. Brian had to be taken urgently for a second limb salvaging surgery to remove all of the necrotic tissue and to replace the infected rod with a new one.
Ultimately, Brian would go on to need three more surgeries by plastic surgeons to rid his leg of the infection, and one more surgery by the specialist to repair the damaged bones. Fortunately, Brian was able to keep his leg and walk on it again but not without significant pain and a noticeable limp.
In the early stages of the lawsuit, Rachel and her attorneys tried to blame Brian for driving his motorcycle too fast on Madison Avenue. But by getting Rachel to admit at her deposition to her inexperience as a driver and the fact that she never saw Brian coming despite evidence that his headlights were on, those claims quickly fell by the wayside. We knew we could prove it was Rachel’s fault for causing the accident. The harder part of the case was making sure we could prove that all of Brian’s complications related back to the injury he suffered at that time.
Once we identified Brian’s surgeon as an expert to testify that in his opinion all of Brian’s complications were a natural consequence of the type of injury he suffered, and then a life care planning expert to follow his testimony up with evidence of future estimated medical care costs, we were able to settle Brian’s case at mediation for $875,000.