Motorcyclist Sues State of California After Wild Boars Create Dangerous Highway
John Bisnar
April 16, 2009
In 2003, Adam Rogers, a 45-year-old former karate teacher and champion kickboxer, was severely injured in a California motorcycle accident. The motorcycle he was riding struck six wild boars on California's Highway 1 just south of the Carmel River. Rogers is now confined to a wheelchair.
Rogers and his wife filed suit against the California Department of Transportation in Monterey County Superior Court. Rogers' motorcycle accident attorney argued the state knew the pigs were crossing the road to feed on vegetation in a nearby environmental restoration project. The Plaintiff's attorneys further argued that the state was not only at fault in creating the situation but once they created it, they did nothing to control the pigs. While not admitting responsibility, the state later put up a pig-crossing sign and hired hunters to help control the number of pigs in the area (this is known as a subsequent remedial measure).
"While California motorcyclists do not encounter wild pigs every day, this is a road hazard that the state should have been aware of," noted California motorcycle accident attorney John Bisnar. "Signs--much like those used for deer crossings--should have been posted to warn motorcyclists and other motorists of the likelihood of wild pigs crossing the highway."
After deliberating, a Monterey County jury ordered the state to pay $8.6 million to Adam Rogers. The jury found the state responsible for Rogers' injuries because officials had been aware that wild pigs regularly crossed that particular stretch of Highway 1 and had failed to address the hazardous road condition the pigs created.
Most of the $8.6 million award will be used to pay for Rogers' medical bills, which include around-the-clock care for the wheelchair bound motorcyclist. Rogers still suffers from memory gaps resulting from the massive head injuries he suffered when he was thrown from his motorcycle.
A 2004 report by the National Highway Traffic and Safety Administration revealed that 76,000 people were injured and 4,000 people were killed by motorcycle accidents in the United States. Half of the accidents ending in a motorcycle fatality were caused by a collision with another vehicle. A total of 36 percent of these fatal motorcycle accidents involved speeding, 34 percent involved alcohol, and 24 percent involved people driving with an invalid license. As many as 80 percent of all motorcycle accidents end in a fatality, compared to just 20 percent of car accidents. In 2003, motorcyclists were 23 times more likely than motorists to die in a motor vehicle accident.
"We commend Mr. Rogers for pursuing the state for his accident," noted Southern California motorcycle accident attorney and motorcycle enthusiast, Brian Chase. "His injuries permanently altered his life and we believe he acted correctly in seeking just compensation for his injuries and on-going medical expenses. Our hope is that this lawsuit, and the similar lawsuits we have filed against government entities, will motivate the state to properly address hazardous road conditions on our highways. Taking these prudent steps can help prevent motorcycle collisions."
Our deepest sympathies go out to Mr. Rogers for the pain and injuries he has suffered. We wish him well.
About Bisnar | Chase:
Since their founding in 1978, Bisnar Chase lawyers have represented over four thousand people in auto, motorcycle, truck, pedestrian and other personal injury cases. The law firm has an "AV" rating, the highest level of professional excellence, by Martindale-Hubble. John Bisnar and Brian Chase each have a "10" Avvo rating, the highest possible. John was named a "Community Hero" by the United Way, while Brian was named a "Trial Lawyer of the Year" in 2004 and one of the 2007 Top 100 Trial Lawyers. More important than all their top ratings and awards are the testimonials their clients bestow on them. Aren't these the type of guys you want representing you? For more information on motorcycle accident lawyers, visit the Bisnar Chase web site at http://www.bestattorney.com or call 1-800-561-4887.
Rogers and his wife filed suit against the California Department of Transportation in Monterey County Superior Court. Rogers' motorcycle accident attorney argued the state knew the pigs were crossing the road to feed on vegetation in a nearby environmental restoration project. The Plaintiff's attorneys further argued that the state was not only at fault in creating the situation but once they created it, they did nothing to control the pigs. While not admitting responsibility, the state later put up a pig-crossing sign and hired hunters to help control the number of pigs in the area (this is known as a subsequent remedial measure).
"While California motorcyclists do not encounter wild pigs every day, this is a road hazard that the state should have been aware of," noted California motorcycle accident attorney John Bisnar. "Signs--much like those used for deer crossings--should have been posted to warn motorcyclists and other motorists of the likelihood of wild pigs crossing the highway."
After deliberating, a Monterey County jury ordered the state to pay $8.6 million to Adam Rogers. The jury found the state responsible for Rogers' injuries because officials had been aware that wild pigs regularly crossed that particular stretch of Highway 1 and had failed to address the hazardous road condition the pigs created.
Most of the $8.6 million award will be used to pay for Rogers' medical bills, which include around-the-clock care for the wheelchair bound motorcyclist. Rogers still suffers from memory gaps resulting from the massive head injuries he suffered when he was thrown from his motorcycle.
A 2004 report by the National Highway Traffic and Safety Administration revealed that 76,000 people were injured and 4,000 people were killed by motorcycle accidents in the United States. Half of the accidents ending in a motorcycle fatality were caused by a collision with another vehicle. A total of 36 percent of these fatal motorcycle accidents involved speeding, 34 percent involved alcohol, and 24 percent involved people driving with an invalid license. As many as 80 percent of all motorcycle accidents end in a fatality, compared to just 20 percent of car accidents. In 2003, motorcyclists were 23 times more likely than motorists to die in a motor vehicle accident.
"We commend Mr. Rogers for pursuing the state for his accident," noted Southern California motorcycle accident attorney and motorcycle enthusiast, Brian Chase. "His injuries permanently altered his life and we believe he acted correctly in seeking just compensation for his injuries and on-going medical expenses. Our hope is that this lawsuit, and the similar lawsuits we have filed against government entities, will motivate the state to properly address hazardous road conditions on our highways. Taking these prudent steps can help prevent motorcycle collisions."
Our deepest sympathies go out to Mr. Rogers for the pain and injuries he has suffered. We wish him well.
About Bisnar | Chase:
Since their founding in 1978, Bisnar Chase lawyers have represented over four thousand people in auto, motorcycle, truck, pedestrian and other personal injury cases. The law firm has an "AV" rating, the highest level of professional excellence, by Martindale-Hubble. John Bisnar and Brian Chase each have a "10" Avvo rating, the highest possible. John was named a "Community Hero" by the United Way, while Brian was named a "Trial Lawyer of the Year" in 2004 and one of the 2007 Top 100 Trial Lawyers. More important than all their top ratings and awards are the testimonials their clients bestow on them. Aren't these the type of guys you want representing you? For more information on motorcycle accident lawyers, visit the Bisnar Chase web site at http://www.bestattorney.com or call 1-800-561-4887.
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