Accident Overview
On April 7, 2019, at 4:50 p.m., our client was driving down State Route 152 at its intersection with Watsonville Rd., in unincorporated Santa Clara County. Our client was obeying the rules of the road driving a 2004 Harley Fatboy motorcycle when another driver hit our client, causing a severe accident. The accident resulted in the loss of work, serious injuries, and large medical bills leaving our client in a serious state of uncertainty.
About the Auto vs Motorcycle Accident
This was a two-vehicle accident that resulted in serious injuries to our client due to the other driver’s negligence. The driver of the car that caused the accident was driving a 2019 Toyota CHR LE/XL.
There were no adverse road conditions and the accident happened when the driver left his lane and entered our client’s lane.
After the accident our client suffered a significant concussion, a right ankle fracture, rib fractures, a left collapsed lung, a left renal laceration (grade II, close to the rim), an injured knee, and face lacerations. He was transported via Cal Star Ambulance to Santa Clara Valley Medical Center where he was seen by trauma activation medics.
The driver of the car that caused the accident was insured by Traveler’s Insurance while our client was insured by Foremost Insurance.
Case Facts
Our client needed ongoing medical treatment after the case including cognitive therapy. At first, there was a disagreement between Traveler’s Insurance and Foremost Insurance as to which insurance company had responsibility for this matter. Because of that, there was a delay in our client getting the financial assistance he was entitled to.
Our client missed a significant amount of work and was charged large medical bills from this accident. Based on this information he reached out to GJEL Accident Attorneys to see if he was entitled to compensation and to have his questions answered. He wanted to know:
- Who is responsible for my medical bills?
- How will I pay these bills and the loss of work?
- What if I have permanent lifelong damage to my body?
The staff at GJEL were able to quickly evaluate the case over the phone and arranged for one of our lawyers to meet him at Santa Clara Valley Medical Center.
Based on the serious injuries from this accident and the mounting medical bills, our client decided to retain GJEL Accident Attorneys to help get his life back on track after this tragic accident.
The staff at GJEL started a full investigation which started with getting the police report from the Gilroy California Highway Patrol. The police report showed that the other driver was 100% at fault and responsible for the accident.
At first, the two insurance companies were in a dispute with one another and were making no offers whatsoever. As our firm filed a lawsuit and commenced the litigation process it became clear to the insurance companies, just before trial, that a significant payment was in order.
Attorneys Andy Gillin and Jim Larsen helped our client through this difficult time and ultimately were able to settle this case. This case took approximately ten months to resolve without having to file a lawsuit. In the end, our client was awarded $1,350,000.
| Insurance Company Names: | Our client – Foremost Insurance, Adverse – Travelers |
| Police Report | Gilroy CHP |
| Vehicle Types | 2004 Harley Fatboy motorcycle, 2019 Toyota CHR LE/XL |
| Accident Locations: | SR-152 Watsonville Rd., in unincorporated Santa Clara County, CA |
| Hospitals and Medical Centers Visited | CalStar ambulance Santa Clara Valley Medical Center South Valley Neurology (Morgan Hill, CA) BASS Medical Group |
| Types of Injuries (Specific as possible) | Mild to moderate TBI, concussion, right ankle fracture, 6-10th rib fractures, left collapsed lung, left renal laceration (Grade II), injured knee, face lacerations, memory problems |
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.