The law of negligence typically governs legal claims arising from motor vehicle accidents. Generally, people who operate automobiles must exercise “reasonable care under the circumstances.” An injured party, to prevail in a civil action, is required to prove that the defendant: a) failed to use reasonable care, b) that the negligence was a proximate cause of the accident, and c) that the accident caused the plaintiff’s injuries.
On August 7, 2012, Kenneth Perry was thrown from his motorcycle after another vehicle turned left in front of him. According to Perry’s personal injury lawyer, J. Xavier Pryor, Perry claims that defendant Marzena Bakowska moved across two lanes of traffic in order to make a left-hand turn onto the freeway on-ramp in front of Perry. Perry, who was heading north, claims he had a green light and that Bakowska, heading south, ran a red light when turning. Conversely, Bakowska argues that she had the green light and that Perry’s light was red.
Either way, Perry’s motorcycle smashed into Bakowska’s minivan and Perry landed unconscious on the passenger side of Bakowska’s vehicle.
Perry suffered a concussion and persistent neck and low-back pain. Moreover, he missed a month of work and his doctor assessed him with a 3% permanent partial disability rating. According to a Connecticut Law Tribune article, Perry’s pain results from certain activities, including playing with his children, and he has given up on riding motorcycles altogether.
Perry sued Bakowska and the defense contested both liability and damages. Last month, the case went to trial in the Hartford Superior Court in front of Judge Peter Wiese. According to Pryor, the defendant and her passenger were not credible witnesses and made up their version of the story, which was allegedly indicated by various contradictions.
The jury awarded $142,966, but reduced the verdict to $128,000 because they found Perry 10% at fault. Considering that Perry was originally willing to settle for $17,000, Pryor said his client was “ecstatic” with the final verdict.
If you or a loved one has suffered injury from an automobile accident, please email us at email@example.com or call 617-787-3700 now to speak with one of our expert Massachusetts personal injury lawyers.