stephen
10-21-2009, 02:50 AM
it's a damn shame that it has taken 3yrs for things to end with my motorcycle accident i had in august of 06. i was on my way to work when this van ran a stop sign, and i smashed right into the side of him at 50-55mph. i had to get life flighted, and had 2 broken ribs and need some stitches here and there. my attorney was somewhat worried about taking it to trial due to the fact that i was 1) on a bike, and not everyone looks at bikers in a positive light 2) going 10-15mph over the speed limit (which i never denied, and was also with the flow of traffic). therefore, i ended up settling with the dude's insurance about a year later to avoid not getting anything. dude was basically given 75% fault for failing to yield to oncoming traffic, and i took the other 25% fault for creating a hazardous condition (not slowing down at an intersection regardless of right of way). everything was cool...i was happy with my settlement...healed pretty good....bought another bike....etc. etc. etc.
how about 1 week before the statute of limitations (2yrs from date of accident) i get a letter saying dude is trying to sue me for property damage, medical bills, loss wages, and pain & suffering. my insurance company provided me with an attorney & would also pay for the settlement if one is given. we got put on the trial calendar this year, which means you basically have to leave yourself available for 3 weeks out of the month, for however many months it takes (i was on for 5 months), incase your trial comes up. they can call your trial up until 3hrs before it starts...basically if it's noon on monday, you might get a call saying "come to court in 3hrs, your trial is about to begin."
my trial was today, and let me tell you....my lawyer was a BEAST! she destroyed that dude & anyone who felt compelled to sympathize with him. verdict went in my favor leaving dude with ABSOLUTELY NOTHING. lol, his attorney called the only "outside" witness to the stand, and after a series of questions dude was finally like, "look...it was the van's fault, he rolled through that stop sign." the van driver, his sister, & his passenger all talked about how the guy could no longer do any "stooping, lifting, etc." while my lawyer pulled out a blown up copy of his deposition where he actually told her how he "continued to bowl with his bowling league from the time of the accident until january of 09." she even brought out a bowling ball during her closing. it just makes me happy to know that someone who tried to earn money off of something that could've ended my life, didn't get to reap that reward.
**pic of said van(after i modded it...reverse fender rolling & removed the factory tint on the rear windows). guy with the doo rag and hand on the hip is the driver of said van.
how about 1 week before the statute of limitations (2yrs from date of accident) i get a letter saying dude is trying to sue me for property damage, medical bills, loss wages, and pain & suffering. my insurance company provided me with an attorney & would also pay for the settlement if one is given. we got put on the trial calendar this year, which means you basically have to leave yourself available for 3 weeks out of the month, for however many months it takes (i was on for 5 months), incase your trial comes up. they can call your trial up until 3hrs before it starts...basically if it's noon on monday, you might get a call saying "come to court in 3hrs, your trial is about to begin."
my trial was today, and let me tell you....my lawyer was a BEAST! she destroyed that dude & anyone who felt compelled to sympathize with him. verdict went in my favor leaving dude with ABSOLUTELY NOTHING. lol, his attorney called the only "outside" witness to the stand, and after a series of questions dude was finally like, "look...it was the van's fault, he rolled through that stop sign." the van driver, his sister, & his passenger all talked about how the guy could no longer do any "stooping, lifting, etc." while my lawyer pulled out a blown up copy of his deposition where he actually told her how he "continued to bowl with his bowling league from the time of the accident until january of 09." she even brought out a bowling ball during her closing. it just makes me happy to know that someone who tried to earn money off of something that could've ended my life, didn't get to reap that reward.
**pic of said van(after i modded it...reverse fender rolling & removed the factory tint on the rear windows). guy with the doo rag and hand on the hip is the driver of said van.