Client was operating his motorcycle northbound on Old State Road 67 when Defendant was operating a dump truck traveling southbound on Old State Road 67 and turned left in front of the client’s vehicle. Client attempted to avoid colliding with the dump truck by laying his motorcycle down but was unable to stop and skidded into the dump truck suffering serious, life threatening injuries with prolonged hospital stay. Defendant claimed client’s speed was an issue.
Client was riding in a car operated by her friend which car was merging onto Las Vegas Boulevard in Las Vegas, Nevada, when it was struck by the rear trailer of a double belly dump truck and forced off the road into a tree. The Defendant truck driver claimed that it was entitled to the “sudden emergency” defense. Specifically, that it had to change lanes into the client’s lane because a car in an adjacent lane to Defendant’s right suddenly moved into the Defendant’s lane in front of the double belly dump truck which required him to move into our client’s lane. We immediately filed a complaint and through numerous depositions established that the double belly dump truck trailer had defective brakes. We amended the complaint to recover for “punitive damages” to punish the Defendant for operating its double belly dump truck with defective brakes. The case settled shortly thereafter for in excess of three times the insurance company’s offer at the Mediation Hearing.
Client was traveling southbound on State Road 67 when he was struck head on by Defendant who was traveling northbound on State Road 67. According to the police report, Defendant fell asleep and drove his vehicle left of center. Client required numerous surgeries and prolonged hospital stay.