Attorneys
Tips
The Biker and the Cow
by the Law Tigers
Needless to say, the combination of bikers
and grazing cows who wander onto the roadway is not a good
thing. One of our most unusual cases involved a fellow rider
on a rural roadway who collided with a cow at 50 mph. Unfortunately,
the client, riding at night, was unable to see the cow due
to cloud cover. Needless to say, the cow did not survive.
Fortunately, the rider did, although he suffered catastrophic
injuries. No doubt, we could not sue the cow even if it had
lived; our task was to find out who would be responsible
for our client’s dilemma.
As a result of a thorough investigation, we were able to
obtain compensation for our client’s substantial pain
and suffering, in addition to payment for his $250,000 medical
bills. Even though the roadway passed through federal grazing
land, we determined that the rancher who leased the land
from the Department of the Interior had the responsibility
to maintain the fencing adjacent to the roadway, but neglected
to do so. Our argument that worked was if it were not for
the broken fence, the cow would not have roamed onto the
asphalt. By so doing, both the rancher and the cow created
a hazard for motorcyclists.
This is not to say that every time a motorcycle collides
with an animal in rural America, somebody would be financially
responsible for injuries to the rider. Every legal case must
rely on its own facts. In this case, our client was lucky – both
to be alive and financially set for the rest of his life.
We all learn from the lessons of others, and sometimes from
the unfortunate mishaps of others – avoid driving at
night with limited visibility when there is reason to know
that the area is inhabited by large animals.
The Law Tigers are a national network of local attorneys
who ride and who are members of the American Association
of Motorcycle Injury Lawyers. Only qualified trial lawyers
with years of experience are eligible to serve our fellow
motorcycle enthusiasts in time of need.
WARREN G. LEVENBAUM, Esq.
American Association of Motorcycle Injury Lawyers
Law
Tigers
362 N. 3rd Ave
Phoenix, Az 85003
888-LAW-TIGERS (529-8443)
www.lawtigers.com
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