Sinas Dramis Law Firm Attorneys Settle Motorcycle Crash Case for $2.6 Million
Sinas Dramis Law Firm Attorneys Bryan Waldman and Lauren Kissel are pleased to report their recent settlement of $2,600,000 on behalf of their client who was catastrophically injured during a motorcycle crash in Ingham County.
Explanation of Motorcycle Case and Settlement
This case involves the issue of entitlement to no-fault personal injury protection (PIP) benefits for a motorcyclist who was blinded by the high beam lights of an oncoming vehicle while driving during early morning hours, causing him to fail to navigate the curve in the road and go off the road into a ditch. As a result of this collision, Plaintiff sustained catastrophic injuries including a spinal cord injury at T1–T6 resulting in paraplegia and a left brachial plexus injury, rendering his left-hand non-functioning.
The police investigation did not include any reference to a motor vehicle. Further, Plaintiff’s initial medical records did not contain any reference to a motor vehicle. It was not until a couple of days after the crash that any records first referenced the involvement of a motor vehicle. However, Plaintiff argued that this was due to the fact that his concern was with his injuries, and whether or not he had been blinded by high-beam lights was not relevant to his medical treatment. The only evidence confirming that there was a motor vehicle involved and that bright lights are what caused Plaintiff to go off the road was the testimony of Plaintiff and a human factors expert who confirmed that the oncoming high beam headlights would have inhibited Plaintiff’s visibility and steering control and actively contributed to the crash.
Following the crash, Plaintiff made a claim for PIP benefits with his no-fault carrier. The no-fault carrier denied Plaintiff’s claim based on two reasons: (1) there was no evidence that a motor vehicle was actually involved; and (2) even if there was evidence of a motor vehicle, being blinded by high beam lights is not sufficient involvement of a motor vehicle to trigger entitlement to PIP benefits.
Defendant filed a motion for summary disposition, which was denied. The trial court ruled that whether or not a motor vehicle was involved was a question of fact precluding summary disposition, but that if the facts as Plaintiff alleged them were found to be true, then this would be sufficient involvement of a motor vehicle to trigger his entitlement to PIP benefits.
The parties then mediated the case. They ultimately agreed to a settlement including a buyout of future PIP benefits for a total of $2.6 million.
Sinas Dramis Law Firm: Serving All of Michigan
Sinas Dramis Law Firm’s Michigan motorcycle accident lawyers have handled these types of cases for more than 70 years and continue to uphold a proud tradition of providing excellence in legal representation for our clients. With offices in Lansing, Grand Rapids, Kalamazoo, St. Clair Shores, and Ann Arbor our attorneys are capable of handling cases all across Michigan and happily provide potential clients with a free consultation.