Case Study: Denver Motorcycle Accident Claim with Six Figure Settlement
At Pushchak Law, motorcycle accident cases are a primary area of specialization. Brian Pushchak has extensive experience handling these cases, and he’s helped many motorcycle accident victims in the Denver metro area recover the compensation they deserve after suffering catastrophic injuries in a crash. 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. Our client was a 55-year-old male. He’s a husband, father of two, and is employed in the logistics business.
Our client was riding his motorcycle on Colorado Blvd. near Evans Ave. in Denver. He was in traffic riding straight in the number two lane. A 16-year-old driver who recently got his license pulled out from a parking lot and t-boned our client. As a result of the collision, our client’s leg was amputated below the knee.
Our client was concerned about losing his livelihood since he is the primary earner in the family. He also needed to figure out how to live a new life without his leg, and he needed to obtain the best medical care and prosthetics to give him the best future possible.
Additional Case Details:
- Fault: The other driver was found to be at fault
- Injuries: Our client suffered a severe leg injury that required amputation below the knee
- Medical Treatment Timeline: Our client requires lifelong follow-up medical treatment due to the severity of the injury
Legal Challenges
The 16-year-old driver lied to the police about what happened, and she had other friends in the vehicle, which is a violation of Colorado law. Fortunately the police officers at the scene didn’t believe the driver’s lies and cited her with causing the collision. Since fault was very clear in this motorcycle accident, it was easy to establish that the other driver was liable for our client’s damages. This part of the case was relatively straightforward.
However, we encountered challenges due to insufficient insurance limits on the at-fault driver’s policy. Our client’s damages exceeded $3 million, which was significantly more than the insurance policy would cover.
Our Strategy
Investigating the Accident
We conducted a full accident reconstruction as part of our investigation. We also interviewed eye witnesses, conducted background checks on the at-fault driver and secured surveillance camera footage which clearly demonstrated the events of the accident.
Expert Witness Testimony
We enlisted accident reconstruction experts to help prove the cause of the accident and demonstrate the other driver was at fault. While medical experts are typically used in cases involving such severe motorcycle accident injuries, the driver’s insufficient insurance coverage made it possible for us to obtain compensation for the full policy limits without the use of medical experts.
Key Legal Arguments
We provided evidence that the other driver committed the following negligent actions, creating a clear argument proving she was at fault:
- Failure to yield the right of way entering the roadway
- Failure to observe traffic
- Careless driving
Negotiation Approach
Negotiating with the health insurance carrier regarding their subrogation interest was the most challenging aspect of this case. The health insurance carrier wanted to take the entire settlement given the amount of money they paid in treatments for the amputated leg. While the insurance carrier didn’t have to negotiate with us, we were able to convince them to waive the entirety of their interest and accept $0.00 to give our client the best possible net recovery.
In addition, we had to help our client understand that the at-fault driver had no assets to pursue above their insurance coverage, and she would likely declare bankruptcy if a significant judgment was obtained against her. Once our client understood the reality of the situation, he was on board with the approach of pursuing the maximum compensation allowed under the other driver’s policy limits.
Outcome of the Case
The case took six months to resolve, which was on the long side. The delay in resolving the case occurred because it took a very long time to get the health insurance company to understand why they should accept no money from the settlement. Our client received a confidential six figure settlement. We pursued all damages associated with:
- Medical bills
- Pain and suffering
- Disfigurement
- Permanent functional impairment
Unfortunately, there was insufficient insurance to cover the catastrophic injuries caused in this motorcycle accident.
Impact on the Client
The settlement gave our client the ability to purchase state-of-the-art prosthetics and obtain the best rehabilitation care available. The settlement also took pressure off our client and gave him time to find a new occupation. He was happy with the assistance we provided despite not obtaining 100% of the damages he suffered as part of the accident. Unfortunately, recovery from such a devastating leg injury will be ongoing for the rest of his life.
Key Takeaways for Motorcycle Riders
This case highlights several important lessons that all motorcycle riders should heed:
- If you ride a motorcycle, buy as much insurance as you can afford. If possible, purchase a policy exceeding $1 million.
- Conduct a personal financial analysis and ask yourself how much money you need to be able to live without income for at least two years. Make sure your policy will provide you with this financial cushion.
- Get us involved as soon as possible after a collision. We can provide you with better information and advice when we’re involved earlier in the process.
We have strong negotiating abilities with insurance carriers, and these skills proved critical for our client in this case. The health insurance company could have taken the entire settlement and wanted to, but we convinced them to do the right thing and let our client keep the settlement so that he could move on after a devastating injury. When interviewing potential motorcycle accident attorneys, always ask them how they approach negotiations with insurance companies since this skill can potentially make the difference between securing an adequate recovery and having very little, if any, compensation after the case is resolved.
Pushchak Law Can Help After a Motorcycle Accident
If you’ve been injured in a motorcycle accident caused by the negligence of another driver, Pushchak Law can help. Brian Pushchak has made motorcycle accident cases a primary focus of his practice, and he’s helped many injured riders recover the compensation they need to move on after a catastrophic accident. This specialization will give you the edge you need when seeking to maximize the value of your compensation.
At Pushchak Law, we’ve developed a unique Informed Decisions™ Approach focused on helping you get the best possible outcome to your case. This approach keeps you in control of your case the entire time and provides you with the important information you need to understand your legal rights and options. While Mr. Pushchak will always recommend the ideal strategy to achieve your stated goals for the case, you’ll always have the final say in how we handle your claim. This collaborative process keeps our team aligned with your goals every step of the way and ensures we’re addressing your specific needs.
Contact us today to schedule a free consultation. Pushchak Law serves clients in Denver and the surrounding areas.
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