Motorcycle and bicycle cases present a unique set of circumstances. Collisions are particularly frustrating. Anyone who rides has experienced another vehicle making a sudden and unexpected move into one’s path of travel as though the rider were invisible. No turn signal, no head turn, no eye contact, nothing. And, if that were not enough, there is frequently bias not unlike the illogical red Corvette defense where “everyone knows if you are driving a red Corvette, you are speeding!”
It is not unlawful to lane-split in California. We all know that motorists are required to share the road. However that doesn’t mean a motorist can be oblivious to their surroundings. They cannot make a sudden lane change, a sudden turn, or for that matter open a door unless and until it is safe to do so.
Whether the ride of choice is a sport bike, a cruiser, a mountain bike, or a road bike, the bodily injuries caused by careless and inattentive motorists are usually serious and sometimes catastrophic. Head injuries and other traumatic brain injuries such as post concussive syndrome are very real though not always easily observable to a random untrained stranger. Additionally, hardware in a leg, arm, head or spine is common to these types of crashes. Roadrash with embedded asphalt, glass or gravel with its resulting disfiguration is also the unfortunate work of a typical negligent motorist.
Braid Pezzaglia has handled motorcycle and bicycle cases for nearly 20 years. He has proven common misperceptions wrong time and again. Police reports often assess liability based on incomplete, inaccurate or biased information. It is Mr. Pezzaglia’s years of reviewing investigative reports, testing evidence, finding “unfound” evidence, and questioning assumptions that have led to millions of dollars of settlements and judgments.