
Our client, a 50-year-old Stockton man, was riding his motorcycle when a truck driven by the employee of an orchard company made a left turn in front of him, causing them to collide. Perplexingly, the responding police officer cited our client for the crash, stating he violated the truck driver's right-of-way, although our client was traveling straight and the crash would not have happened if the driver had not turned in front of him.
Adding to the case's difficulty, our client did not have a license to drive a motorcycle and his driver's license was suspended. His injuries were severe, and ultimately resulted in a below-knee amputation of his leg.
During the litigation, lawyers for the orchard company emphasized the police officer's finding of fault and argued that the accident was solely our clients fault because he was precluded from operating the motorcycle at the time of the accident due to his multiple DUI offenses.
The owner of the orchard company also claimed the truck driver was not on duty at the time of the incident in an attempt to keep the orchard from being held liable for its employee's negligent act.
Our client is someone marginalized by society due to his socioeconomic status and criminal record, but we felt he had a just case. Using expert accident reconstruction testimony, Minami Tamaki attorney Seema Bhatt showed it was impossible for the driver to have initiated his left turn before the motorcyclist became visible to him.
We showed clearly that the driver violated our client's right-of-way. We also filed motions to compel the defendant to release all of its pertinent records. Through meticulous analysis of time cards and witness testimony, we established that the driver was indeed on duty, contrary to the employer's claims.
Detailed investigation into the company's employment records also revealed the truck driver had not possessed a valid driver's license for over a decade, which showed the orchard company's negligent hiring and supervisory practices, particularly in allowing an employee without a license to drive for the company on public roads.
Seema also caught the orchard owner in multiple lies during his deposition, highlighting a pattern of dishonesty and putting pressure on the defense. Finally, she obtained monetary sanctions against the opposing lawyers for obstructing our legitimate discovery requests.
Ultimately, the defense settled for nearly its full liability insurance policy limits: $2.75 million. This case exemplifies our commitment that every person with a just case receive dedicated and robust legal representation, no matter their past or societal status.
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