$750K SCOOTER ACCIDENT SETTLEMENT – Construction damage to road surface
A 40 year-old a self-employed graphic artist was riding his scooter on a small side street in San Francisco just a block from his home. The electrical company was doing some major electrical work in the neighborhood, so they hired a concrete company to excavate the road to get to the electrical wiring in the neighborhood. This road construction was being conducted by the concrete company during the daytime. However, rather than properly pave over the large holes they cut into the street, the company left large sections of the street severely uneven and dangerous in the evening.
This was negligent, as such conditions presented real danger of causing a bicycle, motorcycle or even auto accident. The company placed no signs in the street to give warning of the dangerous conditions. Given the poor lighting on the street, the lack of warning signs and the large “dip” left in the road surface by the concrete company, the graphic artist’s front tire went into the trench as he was heading home. As a result, he was thrown from his scooter several feet into the street sustaining serious personal injuries including fracturing to both bones in his left forearm, which required surgical repair and physical therapy.
The concrete company contended that the dangerous conditions they left in the street were “open and obvious” such that the driver of the scooter should have seen the conditions and therefore avoided them. Rather than take responsibility for the dangerous conditions they created, they tried to blame the victim. This tack did not work.
Experienced California motorcycle accident attorney Sally Morin attempted to settle the case early to help her client put the accident behind him, but the concrete company would not make a sufficient offer. Sally asked for just under a million dollars to start the negotiations, but the concrete company’s top offer was only $325,000. This was not a fair offer, so Sally and her client chose to file the lawsuit and push for fairness. After a few months of litigation and Sally Morin diligently pushing the concrete company’s attorney to make a fair offer, the parties were able to settle the case for $750,000.00.