How Motorcycle Injury Lawyers in San Diego Can Help

Examples of San Diego Motorcycle Accident Cases

Casey Gerry’s San Diego motorcycle injury lawyers represented a young man who was struck by a car while riding his motorcycle. The driver made a left turn, cutting directly across the path of the motorcycle. Although our client braked hard and did his best not to hit the vehicle, his motorcycle struck the vehicle on the left hand side. He and the bike went down, and his right leg was pinned. His lower leg and foot were very severely injured, and despite his doctors’ efforts to save it, he ultimately lost his right foot to amputation.

The driver’s blood alcohol was 0.17, more than twice the legal limit of .08, a flagrant violation of the California driving while under the influence statute . The driver had very limited insurance coverage, not enough to cover our client’s substantial medical and rehabilitation costs.

Casey Gerry’s inhouse accident investigators learned that the driver was a bartender, and that the bar where he worked permitted its employees to drink while working. The night he struck our client, the bartender had become intoxicated while he was working at the bar. The owners were fully aware of his condition, and their failure to intervene amounted to consent. Under the legal doctrine of respondeat superior , California case law states that an employer is liable to a third person who is injured by an intoxicated employee

• if the employee’s intoxication occurred within the scope of employment and
• if the intoxication was a proximate cause of the injuries.

Casey Gerry motorcycle injury attorneys were successful in establishing both of these two necessary elements, and were able to hold the employer liable. Through the bar’s liability insurance, we secured a significant recovery for our now disabled client.