$350,000 MOTORCYCLE VERDICT IN BUFFALO, NY - AUTO/MOTORCYCLE//PARKED CAR ACCIDENT- AUTOMOBILE FAILED TO STOP AT STOP SIGN-MOTORCYCLE DRIVER SUBSEQUENTLY STRIKES ILLEGALLY PARKED VAN OWNED BY CO-DEFENDANT- LEG FRACTURES TO MOTORCYCLE PASSENGER. ALL THREE VEHICLES FOUND RESPONSIBLE
This action was about finding insurance coverage. The car that ran the stop sign did not have enough coverage. The motorcycle operator, after being struck, then struck an illegally parked van.
The defendant motorcycle operator contended that the van was parked beyond the intersection but less than 20 feet from the crosswalk and that after the initial impact, he attempted to control the bike, which commenced sliding forward and to the side, and that prior to being able to regain control, he struck the parked van. The van owner denied that the van was illegally parked.
The plaintiff passenger presented a videotape of a television story taped while the van was still parked, which depicted an oil marking on the road directly behind the van. The plaintiff’s accident investigator testified that the measurement between this oil marking and the crosswalk was only ten feet and the plaintiff contended that the van was illegally parked. The defendant van owner contended that there was an absence of proximate cause in that his van was not involved in the collision. The plaintiff motorcycle driver maintained that in view of his testimony that he had managed to keep the bike upright, but cold not avoid striking the parked van. It was obvious that the presence of the illegally parked van was a contributing factor in the accident.
The jury found that the defendant automobile was 70% negligent, the parked van 10% negligent and the motorcycle operator 20% negligent. Attorney for plaintiff motorcycle passenger, J. Michael Hayes, Buffalo, New York.