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Confidential v. confidential

bicycle v. truck


the case

Plaintiff was riding his bicycle to work as Defendant was approaching Plaintiff from the rear in his tractor-trailer. As Defendant's tractor-trailer was pulling even with the Plaintiff,  the passenger side rear portion of the trailer struck Plaintiff. Plaintiff suffered orthopedic injuries and, most significantly, a severe traumatic brain injury. The Traffic Collision Report found Plaintiff at fault for the collision. Plaintiff alleged that Defendant was negligent by failing to yield to Plaintiff who was riding straight and by driving at a speed that was unsafe for the conditions of the road.  Defendant contend that the investigating officers got it right in finding that Plaintiff was at fault for the collision.  Defendant also attacked Plaintiff for not wearing a helmet at the time of the collision and claimed that Plaintiff would not have sustained injuries as severe as he did if he was wearing a helmet.  

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