Case Study: Denver Motorcycle Accident Claim with $250,000 Recovery
At Pushchak Law, we’ve made motorcycle accident cases a primary focus of our practice, and Brian Pushchak has helped countless motorcycle accident victims recover the compensation they need to move on after this devastating event. The following case study highlights a recent result we were able to achieve for a client in Denver.
Case Overview
This case involved a motorcycle accident occurring in Denver in 2024. Our client was a married male with three children and another child on the way. He worked for UPS.
Our client was riding his motorcycle on Colfax Ave. in Denver on his way to work. The at-fault driver exited an alley, failed to look both ways and pulled into traffic right in front of our client, causing him to T-bone the driver’s vehicle. Our client was ejected from his motorcycle and crawled to the curb to avoid getting run over by oncoming traffic.
Our client experienced a badly fractured leg and arm from the accident. While he was waiting for the ambulance to arrive, he was robbed by a homeless man who took his backpack and wallet.
Additional Case Details:
- Fault: The other driver was found to be at fault. He was charged with and plead guilty to several traffic offenses.
- Injuries: Our client suffered a fractured humerus and tibia.
- Medical Treatment Timeline: Our client received emergency medical treatment and additional follow-up procedures with an orthopedic surgeon.
Legal Challenges
The robbery added a layer of complexity to this case. We needed to convince the insurance carriers that they were responsible for all damages associated with the robbery in addition to the motorcycle accident.
In addition, we needed to resolve the claim quickly to minimize the amount of money our client would have to pay in subrogation to his health insurance carrier. We also needed to get creative to overcome issues associated with insufficient insurance that are common when serious injuries occur.
Our Strategy
Investigating the Accident
We conducted a full investigation, including a detailed inspection of the accident scene. The collision and robbery were captured on video by an adjacent business’ security cameras. As part of our investigation, we worked with the counsel for the business to obtain their security footage.
By conducting our investigation right away, we were able to obtain video footage that wouldn’t have been accessible to us if we had waited to long to investigate. The police did not obtain this video evidence, so it was critical that we were able to work with the business to receive their video footage. It proved to be extremely important in building our case.
Expert Witness Testimony
We also worked with an orthopedic surgeon who provided expert witness testimony regarding our client’s future prognosis and all collision-related diagnoses. The surgeon’s testimony played a critical role in our ability to accurately calculate value of our client’s damages.
Legal Arguments
We used the following legal arguments to support our case:
- The other driver was found to be 100% responsible for causing the collision, which made it easy to determine that he was fully liable for all injuries associated with the accident.
- The area of Colfax Ave. where the motorcycle accident occurred made the subsequent robbery reasonably foreseeable, especially given the disabling nature of our client’s injuries. This provided support for our claim that insurance should cover all losses associated with the robbery.
- Based on our medical witness testimony, the risk of future surgery associated with this collision was highly probable. This allowed us to account for these future medical treatments when calculating the value of economic damages.
Settlement Approach
Mr. Pushchak always strives to settle cases whenever possible since litigation extends the duration of the case and creates greater levels of uncertainty regarding the outcome. In this particular situation, we submitted time-limited settlement demands for the at-fault driver’s policy limits. This approach helped us achieve our client’s desire to resolve the case as quickly as possible. If these demands weren’t accepted, we planned to proceed to trial and would seek additional damages as part of that process.
Outcome of the Case
After submitting our demands, we settled the claim for $250,000. The entire case was settled in two months from start to finish. This is an extremely fast resolution, and it helped our client achieve one of his most important goals for the outcome of the case.
The $250,000 settlement represented all available insurance money under the limits of the driver’s policy. The combined insurance coverage of our client and the at-fault driver wasn’t sufficient to cover all of our clients non-economic damages. This stresses the importance of purchasing as much underinsured motorist coverage as possible if you are riding a motorcycle. This coverage provides important protections in the event another driver’s policy won’t cover all of your damages.
Fortunately, our client had health insurance through his work so all his medical expenses were covered. He wasn’t out of pocket for any medical expenses even after reimbursing his health insurance carrier as required. The only damages that exceeded the available insurance money were all non-economic – pain and suffering, loss of enjoyment of life and inconvenience. While our client did recover some money for these non-economic damages, the limited insurance coverage prevented him from recovering 100% of the non-economic damages suffered as part of the accident.
Impact on the Client
The settlement funds obtained as part of the motorcycle accident claim made it possible for our client to live his life without suffering any financial hardships. It removed the fear of not being able to cover rent and other costs associated with daily living. This took a lot of pressure off our client, allowing him to focus on healing and returning to work as soon as possible.
While our client was made whole again financially, he still has a long road ahead of him due to the severity of his injuries. But receiving his settlement so quickly has given him peace of mind that he’ll be able to navigate the rest of the recovery process more easily.
Overall, our client was very satisfied with our services and the speed with which we were able to resolve his case.
Key Takeaways for Motorcycle Riders
This case highlights several important lessons that all motorcycle riders should heed:
- Don’t Skimp on Insurance Coverage – It’s critical to purchase as much insurance coverage as you can afford, especially if you’re riding a motorcycle. The injuries sustained in a motorcycle accident can be severe and life-altering. If the at-fault driver’s coverage isn’t sufficient to compensate you for your expenses, having a high level of coverage on your own policy will provide you with important financial protections.
- Don’t Wait to Contact an Attorney – We encourage you to call us as soon as possible after a collision. Our client acted quickly after his accident, and this allowed us to rapidly investigate the case and locate evidence the police missed or neglected. This was critical to our ability to achieve an early and quick resolution to the claim.
Pushchak Law Can Help After a Motorcycle Accident
At Pushchak Law, we’ve made motorcycle accidents a primary area of focus, and Mr. Pushchak has helped many motorcycle accident victims recover the compensation they deserve after a devastating collision. Due to the serious nature of motorcycle accident injuries and the complexities of these cases, it’s critical to work with a motorcycle accident specialist such as Mr. Pushchak who can provide the edge you need to maximize your compensation.
At Pushchak Law, we’ve developed a unique Informed Decisions™ Approach focused on helping you achieve the best possible outcome to your case. With this approach, you remain in control the entire time and are armed with the information you need to advocate for your own best interests. Mr. Pushchak will discuss your goals for the case with you and explain your legal options in detail. He’ll recommend the best possible strategy based on your desired outcome, but you will always have the final say on the strategy we implement. This ensures your best interests remain our top priority throughout the process.
Contact us today to schedule a free consultation. Pushchak Law serves clients in Denver and the surrounding areas.
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