Cyclist awarded a large settlement for injuries caused by motorist
Rory was hired to represent a commuter cyclist who was injured while riding southbound on Blanshard, directly across from the Fort Street Starbucks. The cyclist was following an SUV that stopped suddenly when the driver of a car pulled into traffic without using her turn signal. This threw the traffic behind her into disarray. The SUV came to a sudden stop to keep from striking the car, and the cyclist braked hard to avoid hitting the back of the SUV. The cyclist maneuvered to avoid the SUV, but hit the driver’s side mirror of an adjacent parked car with his right elbow. He was sent over the handlebars and on the pavement, head first.
ICBC said that the cyclist was 90% responsible for the accident and, before switching to Lambert Law, his lawyer agreed with ICBC’s assessment. When the cyclist disagreed, his lawyer fired him, so the cyclist came to Rory for assistance with his case. Rory ran a trial dealing only with the issue of fault, leaving the question of the value of the cyclist’s loss for a subsequent ‘damages trial’. At the ‘fault trial’, the judge found the driver of the car 100% liable for the cyclist’s injuries. ICBC appealed the decision.
Rory represented the cyclist in the Court of Appeal and was successful in having the trial judge’s decision upheld. On day three of the subsequent 10-day damages trial, ICBC agreed to give the cyclist $200,000 more than they said they would provide at the mediation, which was held two months earlier. This case is an excellent example of why it is so important to have an experienced trial lawyer represent you. If the cyclist had accepted the advice of his first lawyer, his future would have been much different than it is now.
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