Motorcycle Accident

North Shore Physician Turns in front of Motorcycle Causing Broken Leg

In the summer of 2007, our client, Ken T., a US Customs official, was driving his motorcycle home in the “North Shore of Boston” on a main road at about 25 mph. Unfortunately, a vehicle coming from the other direction, driven local doctor driving home from work, turned left in front of Ken T without any warning.  Mr. T had to put down the bike to avoid a full collision.  As a result of the accident, Ken suffered multiple leg fractures requiring surgery.  The doctor’s report following surgery was there was a permanent loss of function to the leg.The insurance company, without even having their own doctor evaluate Ken T., concluded that “the plaintiff has recovered from his injuries” and made a minimal offer of settlement. Wherefore, we had to put Ken T.’s case in suit.  Ken made an excellent witness at his deposition; the negligent driver admitted to the fact that he turned left without signaling and that he did not have the right of way; however, the insurance company held fast.

Aggressive Advocacy Resulted in Putting Motorcyclist in Best Position in Case

We had to aggressively pursue the case, including taking the video deposition of Ken T’s orthopedic surgeon. The doctor, in his testimony, stated that Ken T. was getting worse, and may need further surgery.  Furthermore, the surgeon testified that Ken would very likely have arthritis in the joints where the surgery was.

Once the insurance attorney reported the doctor’s testimony to the insurance company, they finally offered their full insurance policy to settle the case. We refused to agree to a release.

Umbrella Insurance Kicks In Once Underlying Insurance Company Offers Policy

This was because the defendant driver had Umbrella Insurance.  We had kept the Umbrella Insurance company fully appraised of the litigation, however, they failed to participate, figuring that the liability insurance company would do a good job and would get a release and they could avoid the expenses of evaluating and litigating:  after all, the liability insurance company had determined from the outset that the injuries were not significant.  However, now the Umbrella Insurance company had a problem, and we had a case that was worth more than the two policies.

Now we were in a position to hold fast.  We insisted that the doctor’s umbrella insurance policy, held by another insurance company, pay their full policy to make the settlement acceptable to our client.

Aggressive, Effective, and Caring Results in Settlement of Motorcycle Case

We were aggressive in litigating the case to the end; we were effective in keeping the Umbrella Insurance company in the loop notwithstanding their reluctance; and, we worked with our injured client every step of the way, knowing that a strong settlement was necessary for his family.

Burns & Jain Will Effectively Resolve Your Motorcycle Case

If you, or a loved one, was injured in a motorcycle accident call Burns & Jain for a free consultation.  Attorney Neil Burns has been practicing personal injury law in Massachusetts for over 35 years.  He, and his partner, Attorney Roshan Jain, will work to resolve your case.

Call for a free consultation.