California DOT Responsible For Wild Animal Motorcycle Accident; Awards Biker $8.6M
A California jury awarded a motorcycle rider $8.6 million after he hit a wild pig on the state’s Pacific Coast Highway. The jury ruled that the California State Department of Transportation knew that wild pigs were crossing the highway, but did nothing to warn drivers.
Negligence & wild pigs?
It may seem strange and a bit comical to most of us, but certainly not to one biker who was seriously injured on the Pacific Coast Highway (PCH) at night after hitting a wild pig. According to news reports, the accident left Adam Rodgers in a coma for several months and he is now confined to a wheelchair.
Rogers sued the California State Department of Transportation and alleged that the Department knew that wild pigs were crossing the highway to feed in a vegetation area created by them – especially at night when drivers could not see the animals.
Although the State argued that Roger’s accident was the only accident to occur over a three year period, his California personal injury attorney was clearly experienced as he was able to prove to the jury that the state created the problem by installing the vegetation area, it knew that many wild pigs were crossing the area at night and that no one would be able to see to see the animals on the road. Even though states are rarely held liable for wild animals, the jury agreed and awarded Rogers $8.6 million. Approximately $6.8 million of that amount will be used to pay for his extensive medical needs. The remainder was awarded for Roger’s loss of earnings, medical expenses already incurred and general damages.
Why experience matters
It’s clear that experience matters when hiring a personal injury attorney to represent your interests. In this case, Rogers’s claim went against traditional rulings that states are not responsible for wild animals. While many attorneys would have turned down his case due to previous case law, Rogers’s attorney clearly saw that the State was liable for failing to warn and was able to prove it to a jury. |