MOTORCYCLE ACCIDENT WITH LEG & ARM INJURIES GOES UNSETTLED
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A final settlement was never reached in the matter of S.M., a 50-year-old male who was thrown over the handlebars of his motorcycle and sustained injuries when he suddenly applied his brakes to avoid a swerving vehicle. He sought remedy with the help of his Arizona personal injury attorney.
The accident happened at the intersection of South 48th Street and East Warner Road in Phoenix, Arizona. S.M. was riding his motorcycle while wearing a helmet, when the at-fault driver in a Range Rover swerved in front of his motorcycle, causing S.M. to brake suddenly. S.M. was thrown over the handlebars of his motorcycle and onto the pavement. The at-fault driver pulled off the roadway into a parking lot.
The Phoenix Police Department responded to the scene of the accident to conduct an investigation. Phoenix Police spoke to both drivers and assessed that no one needed immediate medical attention. There was not a police report written as a result of this accident, which caused significant issue with the liability determination. No citation was issued.
Later that day, as the victim of this motorcycle collision, S.M. presented to Arizona General Hospital with complaints of moderate to severe pain in his bilateral arms, chest, left elbow and left leg. Following an examination, he was diagnosed with multiple bilateral abrasions on his upper extremities and contusions to his left ribs. He was administered Ketorolac injection.
Treatment and Medical Expenses
Three weeks after the accident, as his pain persisted, S.M. presented to Eric Cerre, NMD, with complaints of left rib pain in the mid-axillary region. He reported shortness of breath when taking a deep breath and a dull pain at rest. He had shallower breathing secondary to his pain. He noted multiple abrasions on his left arm, bilateral elbows and forearms and bilateral knees.
Following an examination Dr. Cerre diagnosed him with cervicalgia, cervical sprain/strain, thoracic pain, contusions of the left ribs and myofascitis. Dr. Cerre administered four trigger point injections to Mr. Mangan’s affected regions. S.M. treated with Dr. Cerre a total of five times over the course of 3 weeks.
His medical bills totaled $4,724.66
S.M. did not make a claim for lost wages as a result of the accident.
S.M. had health insurance at the time of the accident and used his health insurance to defray some of the cost of treatment.
S.M. had car insurance at the time of the accident through Countrywide Financial. He did not receive any compensation from his own insurance policy for bodily injuries as he did not have a Medical Payments policy on his personal car insurance.
The at-fault driver had car insurance at the time of this accident through The Hartford. While this accident was caused by another’s negligence, The Hartford refused to accept liability for the actions of its insured. The lack of police report, citation, and corroborating witnesses undermined the validity of S.M.’s claim.
After significant effort to reach settlement in this matter, S.M. was released from representation because he did not wish to move forward with litigation. This case had several issues which made it difficult to move forward and ultimately, due to the inability to reach a compromise with the at-fault driver’s insurer and the high costs of litigation, S.M. chose not to move forward with his claim in Arizona. Litigation would have been necessary in order to have liability determined by a jury, judge, or arbitrator, however given the limited amount of medical expenses and the conflicting witness testimony, the costs of litigation far outweighed the conceivable settlement paid if S.M. had won at trial.