Timothy M. Osborn of Osborn Law Wins $15 Million Settlement For Motorcyclist Hit By Corporate SUV
BAKERSFIELD, Calif. (KBAK/KBFX) — Bakersfield personal injury attorney Timothy M. Osborn of Osborn Law announced he obtained a $15,000,000 settlement for a motorcyclist who was injured from a crash involving an SUV owned by a major national corporation.
According to a release, the driver of the SUV driven by an employee of the corporation rear-ended the motorcyclist at a high rate of speed.
The identities of the parties are confidential due to the terms of the settlement.
At the time of the crash, in 2022, a person was driving a Suzuki GSXR 600 motorcycle in the number one eastbound lane of Truxtun Avenue and was almost totally stopped at a red light at the limit line of the intersection of Truxtun Avenue and Empire Drive.
The release said the crash was captured on dashcam by a driver who was stopped on the opposite side of the intersection in the westbound lanes of Truxtun Avenue. It showed the SUV approached the motorcyclist from the back at about 55 miles per hour and “never appeared to break.”
The release said the force of the crash propelled the motorcycle across the intersection where it came to rest near the northeast corner, and the SUV careened through the intersection where it drove onto the south shoulder and crashed into a large section of fencing.
The motorcyclist, who was wearing full, motorcycle gear and a Department of Transportation-approved helmet, suffered numerous injuries including a traumatic brain injury, multiple pelvic fractures, multiple tibial plateau fractures, tears of the ACL and lateral meniscus, bilateral rotator cuff and labral tears and lumbar spine injuries, according to the release.
The release said the Defendants denied liability, claiming that the driver lost consciousness due to an “unforeseeable medical event.”
The release said, that in California, a driver who causes an accident as a result of a truly unforeseeable medical event is not liable for any damages resulting from the accident.
According to the release, during the discovery phase of the lawsuit, Osborn learned through numerous depositions and written discovery that the Defendant had suffered from diabetes for about 40 years and by the defendant’s own admission, was well aware of the possibility of losing consciousness due to diabetes and in fact had, previously lost consciousness as a result of diabetes including one incident in another state where the defendant drove off a highway as a result of a diabetic loss of consciousness.
In addition, Osborn learned that before the crash, the defendant had been donating plasma, and was aware of the risk of fainting following such a procedure. The release said, “Finally, the defendant conceded during a deposition that for approximately 60-90 seconds before allegedly losing consciousness, the Defendant experienced profuse sweating, strange sensations in the Defendant’s extremities and head, and suspected that these symptoms were related to the Defendant’s diabetes, yet continued driving and never bothered to pull the vehicle over.”
The lawsuit was settled after a mediation that was conducted by acclaimed mediator Nick Lowe of Sacramento and subsequently many additional hours of negotiation.
“We are extremely proud of our client for persevering through the tremendous adversity brought on as a result of this accident,” said Tim Osborn. “Our client showed incredible courage and determination through this process and in the end received well-deserved justice. We also want to thank defense counsel and their teams for their professionalism and compassion during the litigation.”
