Our client was driving his motorcycle into an intersection in Mountain View, California, when he was struck by a car from his left-side that had entered the intersection against a red light, travelling on the right shoulder and then left the scene of the accident without
stopping.

About The Motorcycle Hit & Run Accident

The accident occurred around 11p.m. when the plaintiff, driving his Honda Mohawk 750 northbound on Castro street in Mountain View at its intersection with Central Expressway, entered with a green signal light for his direction of travel. Eye-witnesses stated that the
other car, traveling eastbound on Central Expressway at an excessive speed and on the right shoulder, entered the intersection against a red light and collided with our client’s motorcycle.

The plaintiff was knocked to the ground with such force that the visor on his helmet was torn off and the motorcycle sustained extensive damage.

Taken by ambulance to the emergency department at Stanford Hospital, Stanford, California, our client was diagnosed with aad an out-of- fractured clavicle and observed for spinal injuries. He was initially fitted with a compression strap to obtain realignment of the clavicle. Eventually, the injury required orthopedic surgery involving the placement of a plate with pins.

Case Details

Several days after the accident, an investigation located the hit-and-run vehicle in southern California and determined that it was registered out-of-state.
The plaintiff retained GJEL accident attorney Andy Gillin to pursue recovery for his injuries and other damages.

The case presented several questions before it could be successfully resolved on behalf of the plaintiff:

 

  • If a complaint was to be filed, could the hit-and-run driver be served in California despite his
    out-of-state residence?
  • Would the other driver’s insurance carrier Ohio Casualty Insurance Company deny coverage
    claiming the collision was intentional due to his mental condition?
  • Could the plaintiff recover for his injuries and damages?After extensive analysis, investigation, and consultations with experts, GJEL was able to resolve the case favorably to our client, entering into a settlement in the amount of $145,000 without having to file and serve a complaint.

Facts About The Case

 

Insurance Company Names:Ohio Casualty Insurance Company

Aetna Insurance Company

Police ReportCHP, Mountain View P.D., San Bernadino County Sheriffs Department
Vehicle TypesHonda Nighthawk motorcycle

2003 Suburu Outback

Hospitals and Medical Centers VisitedStanford Hospital ER, Stanford, CA

Fairview Hospital Cleveland, Ohio

Types of InjuriesRight clavicle fracture, right shoulder abrasions, right knee abrasions

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Andy Gillin

Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Andy is a highly recognized wrongful death lawyer in California.