$2.3 Million Settlement - Motorcyclist Wrongful Death
We've often said that when you leave your house in the morning to head off for work, you never know what you may encounter while driving. With the traffic congestion and the number of careless or unfit drivers on the road, making it home safely is unfortunately not guaranteed.
These are the traumatic circumstances affecting our client, who like on every other weekday morning, hopped onto his motorcycle to head to his job at a local motorcycle dealership.
That fateful day, our client was waiting behind stopped traffic on Midpoint Memorial Bridge heading into Fort Myers, when a distracted driver of a commercial van failed to observe the stopped traffic ahead and crashed into our client's motorcycle. The commercial driver was traveling so fast, the crash resulted in a five-car pileup. In fact, through data recovered from the van's electronic data recorder or “black box,” it was discovered that the distracted driver was actually still applying the gas at the moment of impact.
Following this accident, our client was transported to the hospital in critical condition, with a left leg so injured it had to be amputated. Although every effort was made to keep him alive, our client's life was tragically ended at just 42 years old, leaving behind his loving wife of 17 years.
The Goldberg Noone law firm was retained by the grieving widow to bring justice for the senseless loss of the love of her life. Like we do in every case, we immediately prepare to take the case to trial while also exhausting every opportunity to resolve this matter amicably with the insurance company. However, the insurance company undervalued our client's case, offering just a few hundred thousand dollars to settle the claim. Justice does not always come easy. The Goldberg Noone team worked diligently for four years conducting witness interviews, analyzing every detail of the homicide investigation prepared by the Florida Highway Patrol, retaining accident reconstruction engineers to inspect the vehicles and roadway evidence, filing motions, taking depositions, researching the hiring and training practices of the company that employed the careless driver, and much more.
As we uncovered more and more during our investigation, it became unimaginable how this individual was ever employed to operate a commercial vehicle. Between the driver's extensive history of prior driving citations, company authorized use of cell phones while driving, and the lack of meaningful supervision or training, this was a crash waiting to happen.
Wrongful death attorneys Scot Goldberg and Sheba Abraham took the lead on this case and directed the team effort to fight for justice.
“I felt very strongly that this was more than an accident, but a preventable crash, for which the company should be held fully accountable,” said Abraham. “Justice is necessary to remind companies of the importance of safety measures to prevent tragedies like this in the future.”
Our client's trial was scheduled to begin on December 14, 2018. A few days before, a settlement of $2.3 million dollars was reached.
“Not only did this woman lose her husband in an awful crash, but she endured another 4 years of frustration, not knowing if those responsible would be held accountable,” Goldberg said. “This widow is now a lifelong friend to our firm, and I am pleased our firm was able to help bring some closure to this tragedy.”