A Benton County jury awarded $132,349.60 for a cyclist hit by a truck and trailer exiting a parking lot. The cyclist suffered an ACL tear that had to be surgically repaired.
The defendant claimed that he slowly pulled his truck out of the parking lot and into the road because if he went fast, the trailer would bottom out. He claimed that the cyclist was going very fast and not looking at where she was going. The case was even more challenging because the impact was at the very end of the lengthy trailer.
This was a zero-offer case all the way to verdict. The defendant’s insurance adjuster was adamant that they would never offer anything because the case was terrible. He even came to watch the trial.
Chad Stavley took this case to trial anyway because he believed in his client. He hired an expert accident reconstructionist. The expert believed that the cyclist would have been clearly visible to the truck and that the cyclist would not have had time to stop when the truck pulled into the roadway.
At trial, the defense presented a video of the slow manner the driver had to leave the parking lot to keep from damaging his trailer. The defense claimed that the cyclist would have had plenty of time to see the truck and trailer, and therefore the crash was the result of her not paying attention.
The case was even more difficult because Benton County is a tough venue to get a verdict. Nonetheless, the jury heard the evidence and returned a verdict for $132,349.60.