Estate of Donald Loosemore v Dalida
Clent riding a motorcycle killed on route 9 and the only witness was the operator of the vehicle which struck him. She claimed that he had no headlights/tail lights and had been driving erratically. There was evidence that the motorcycle might have malfunctioned and caused my client to have pulled off the highway to adjust th equipment.
The operator had come from a location where she had ingested alcohol and it appeared from the evidence of the collision that she had barely slowed before impact. Ultimately, the liability insurer was convinced that the negligent operation of the vehicle by its insured and the possible alcohol impairment that accompanied was a substantial contributing factor to the accident. Motorcycles have the same rights to the road as autos and the assumption that Bikers are not safe is an ingrained prejudice which the carrier had to be disuaded of through the litigation process. Case settled before trial for only a fraction below the full liability policy available.( New Britain Superior Court 2009).