The Case
A motorcyclist was traveling when a vehicle turned left directly into his path. The driver failed to yield the right of way, a common cause of motorcycle collisions.
The motorcyclist struck the vehicle and sustained a radial fracture—a break in one of the forearm bones—that required surgery. He also suffered road rash, the abrasive injury that occurs when skin contacts pavement at speed.
While the injuries were serious and required surgical intervention, the motorcyclist avoided the catastrophic injuries that often result from motorcycle collisions. He was able to recover and return to most normal activities.
The plaintiff pursued a personal injury claim based on the driver’s failure to yield.
The Resolution
The case settled for $430,000 prior to litigation—before a lawsuit was filed. The settlement represented all available policy limits, meaning the at-fault driver’s insurance coverage was exhausted.
Policy limits settlements occur when the injuries are severe enough that the available insurance is clearly insufficient to fully compensate the plaintiff. In these cases, insurers typically tender (offer) the full policy amount to resolve the claim quickly and avoid bad faith litigation.
Why These Cases Matter
Motorcyclists face disproportionate risk on the road. They lack the protective shell of a car and are more vulnerable to serious injury in collisions. Left-turning vehicles are one of the most common causes of motorcycle crashes—drivers often fail to see motorcycles or misjudge their speed and distance.
Even when motorcyclists avoid catastrophic injury, the injuries they do sustain are often serious. Broken bones requiring surgery, road rash requiring skin grafts or debridement, and months of recovery are common outcomes in crashes that could have killed the rider.
All available policy limits settlements reflect the reality that many drivers carry minimal insurance coverage. In Virginia, minimum liability coverage is just $25,000 per person. When injuries exceed this amount—as they almost always do in serious crashes—plaintiffs must look to other sources of recovery such as their own underinsured motorist coverage.
Settling before litigation can be advantageous when policy limits are clearly inadequate and the defendant has no other assets worth pursuing. Quick resolution allows plaintiffs to move forward with their recovery rather than spending years in court pursuing money that does not exist.
If you were injured in a motorcycle collision caused by a driver who failed to yield, contact us to discuss your case. We handle motorcycle accident cases on a contingency basis—there is no fee unless we recover compensation for you.