Bill Martin tried a case in which a 60-year old physician rode his road bicycle into the back of the defendant’s landscaping truck after riding 26 miles out of a total intended ride of 30 miles. The truck was improperly parked with two wheels in the bicycle lane and two wheels on the sidewalk. The bicyclist rode directly into the back of the truck, sustaining blunt force head trauma which caused his death.
Plaintiff’s attorney alleged that defendant placed the safety cone behind the truck after the accident, failed to render assistance to the bicyclist, and that defendant did not call 911. Plaintiff’s attorney demanded $52.5 million for the death of the doctor. The jury found our landscaper 30% negligent for parking in the bike lane, and the plaintiff 70% negligent for not looking where he was going. Damages were $3 million, reduced by 70%, or $900,000.00, well within the primary carrier’s policy limit.