Our client was riding an electric bicycle southbound along the curbline on South Coast Highway in Oceanside‚ CA when a SUV passed him in the far right lane of traffic and made a right onto Surfrider Way‚ cutting off our client’s right of way. Despite the fact that two eyewitnesses saw the bicycle accident and stated that the driver was at fault for cutting off our client‚ the insurance company still disputed liability arguing that the electric bicycle was actually a vehicle under California law and could not ride in the bicycle lane‚ that our client could not recover for pain and suffering damages since he did not have auto insurance at the time of the accident (not relevant if he was riding a bicycle)‚ and that our client was partially at fault because he should have seen that the driver was making a right hand turn. Our client had very little objective injuries‚ but had prolonged back pain. An MRI taken shortly before mediation showed that our client had a mild disc bulge causing sciatic pain.
At a hard fought mediation‚ we were able to obtain a settlement of $40‚000.
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