In earlier blogs I pointed out the need for a careful investigation of even the most clear cut cases. Two of the most popular defenses are avoidability and deception. One aspect of deception is the claim that the motorcycle did not have operational lighting.
We had the officer take the light bulbs from the motorcycle so an examination could be made to determine if the hedlight was more likely on than off at the time of the collision. A lighted filiment will withstand impact and remain intact. The fact that a light still works after a crash is strong evidence that the defense claim is false. The attached photograph shows a bulb with an intact filiment. Disappointed by this disproof of the defendant's claim that the motorcycle headlamp was not lit the defense went on to make two other claims. Those will be covered in a future post.
Attachments:
MVC-535F.JPG
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A favored driver's speed in excess of the posted speed limit alone, does not raise a defense of comparative fault by the disfavored driver who failed to yield. Under most circumstances excessive speed by the favored driver is irrelevant. Experience however shows that insurers and their counsel will use any tactic to try to avoid a fair allocation of fault.
The favored defense is to claim that but for the motorcyclists speed he or she would have been able to avoid the collision. In a case where stopping, even from below the speed limit, was impossible the defendant driver claimed the motorcyclist could have swerved around the back of his car had he been going slower. In another case the argument was that the 5-8 mph the motorcyclist was allegedly over the speed limit prevented him from stopping short of the vehicle that turned across his path. In both cases investigating officers saw fault as clear and cited the other driver. In both cases the insurer hired an "accident reconstructionist" who developed the defense theory.
These are simply two more examples of why an early and careful investigation is a must in every motorcycle case.
Attachments:
MVC-004S.411
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Washington's wrongful death law treats parents of young, single, childless adults unfairly.
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