Delivery Van Critically Injures Motorcyclist

A delivery van suddenly pulled out of a parking lot onto Oregon Highway 99, making a dangerous left turn directly in front of Harold, a motorcyclist who had the right of way while driving down the highway. Harold was going just under the speed limit, and had no time to stop when unexpectedly faced with the delivery van directly in front of him in his lane.

Harold was found unconscious and pinned underneath his motorcycle when first responders arrived. He sustained life-threatening injuries in the crash, including acute respiratory failure and hemorrhagic shock. He required emergency blood transfusions at the hospital, and had to be intubated and placed on a ventilator due to his rapidly deteriorating physical condition. Harold was later life flighted to Oregon Health Sciences University hospital in Portland for more intensive care, requiring hospitalization for nearly 3 weeks.

We obtained video footage from inside of the delivery van showing that the delivery driver had a clear view of Harold approaching on the highway before the delivery driver decided to pull out in front of the motorcyclist. In part thanks to that evidence, we were able to secure a confidential policy limits settlement for Harold.

Harold’s case is a reminder of several lessons about motorcyclist injury cases. First, it is a reminder of how vulnerable motorcyclists are, and how some drivers fail to follow the rules of the road that are intended to protect all of us. Second, it illustrates the biases that work against motorcyclists; even with this kind of video evidence, an insurance company may still choose to fight against a personal injury claim. Third, Harold’s case is also a reminder of the importance of wearing a motorcycle helmet. Harold’s helmet likely saved his life. But wearing a helmet does not guarantee survival, and even with a helmet, Harold’s brain sustained injury.

Client names and identifying details have been changed to protect confidentiality.