Pre-Litigation $1,000,000 Policy Limits Settlement For Solo Bicycle Crash
Bicycle Accidents
On April 19, 2021, Demas Law Group’s client, an 82-year-old retiree, was bicycling on a rolling, winding two-lane road in Auburn, California. As he came around a corner, he encountered loose gravel on the roadway, lost control of his bicycle, left the road, and entered the dirt shoulder. The adjoining property owner had placed tractor tires and pieces of concrete curb on the road shoulder as a makeshift barrier to prevent cars from overshooting the curve and striking his fence. The client’s bicycle struck one of the tractor tires, and he was launched from his bicycle into and through a barbed wire fence. Fortunately, a passing motorist arrived on the scene shortly after the crash and called 911. The client was transported by life-flight helicopter to the Sutter Roseville Emergency Room with multiple significant injuries, including a near-amputation of his left (non-dominant) arm.
The CHP investigated the collision and determined that it was caused by the client making an “unsafe turning movement.” A report prepared by paramedics on the scene indicated that the client estimated his bicycling speed at 40 m.p.h.
Though his arm was initially preserved, it subsequently required a mid-humeral amputation. He was hospitalized for 51 days and underwent 8 surgical procedures.
In consultation with a professional survey company and an accident reconstruction engineer, attorneys John Demas and Tim Spangler developed a theory of liability, putting responsibility for the crash on the adjacent property owner who had placed the barrier materials in the public right of way interfering with the “recovery zone” that a road shoulder is designed to provide for vehicles that leave the roadway. Had the barrier not been present, the client may have had an opportunity to recover and return to the roadway or, at a minimum, would not have been catapulted from his bicycle into the fence.
In a comprehensive demand package, DLG made a case for liability and provided an exhaustive discussion of the medical treatment and the life-changing impact of the injuries. Though the case was in the pre-litigation stage, the property owner’s homeowner’s insurance carrier assigned the matter to defense counsel. During negotiations, DLG overcame defense arguments questioning causation (he would have crashed into the fence regardless of whether the barrier was there) and seeking to place the bulk of the responsibility for the crash on our client (he was taking the curve too fast).
After the demand was elevated to the top decision-makers at the property owner’s insurance company, the $1,000,000 policy limits were tendered.
Despite the disabling injury, the client has remained positive and is a model of perseverance in the face of adversity.
DLG does not shy away from taking on challenging liability cases. Through tenacity and creativity, the Demas Law Group finds a way to win for our clients.