Child loses leg in accident

According to news reports, two children were riding on a dirt bike in San Juan Capistrano, California in 2005 and collided with a car at the intersection of San Juan Creek Road at Paseo Christina that did not have a crosswalk or a stop sign. Scott Agostini, the 13-year old driver of the bike, was injured and spent a week in the hospital. Trenton Merrill, the 14-year old passenger, ended up losing most of his right leg. They sued the town for negligence. Their attorney alleged that before the accident occurred, several residents had petitioned the town stating that either a crosswalk or a stop sign was needed to avoid injuries at the intersection.

Ironically, the driver's own grandmother had written to the town's mayor about the dangerous conditions at the intersection only two months prior, but the mayor refused to correct the problem.

$8.3M verdict

In the trial, the town attempted to paint the children as reckless drivers by saying they used the area as their own personal racing ground. However, the jury did not buy that argument and awarded Merrill $7.2 million and Agostini $1.1 million. In the end, they found that the town was 82 percent liable for the injuries that resulted from the crash and that the driver of the car which hit the motorcycle was 18 percent liable.

The town has since installed a stop sign and a crosswalk at the intersection…

How an experienced motorcycle accident attorney can help

An experienced motorcycle accident attorney understands the common prejudices that surround motorcycle riding - especially among juries that will award damages - and can often overcome them when defendants attempt to persuade juries that motorcycle riding is inherently dangerous. If you've been injured in a motorcycle accident, contact an experienced motorcycle accident attorney to discuss your situation. Consultations with a lawyer are free, without obligation and are strictly confidential.