Posted On: March 27, 2012 by Moseley Collins

Passenger Suffers Severe Brain Injury After Sacramento Motorcycle Accident, Part 1 of 3

The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS
According to court records: On January 12, 2008, plaintiffs Jamie Lynn and Jerry Welming purchased a 2008 Harley-Davidson Road Glide motorcycle from Harley-Davidson of Elk Grove, California, which is owned by Harley-Davidson of Sacramento Inc. During the sales transaction, Greg Temple, a Harley of Sacramento sales associate, represented to plaintiffs that the motorcycle they were purchasing had ABS brakes, though it had only standard brakes. In discussing ABS brakes, Temple never mentioned that ABS brakes were an option or that they came at an additional cost.

On April 11, 2009, plaintiff Janice Welming and Jerry Welming, an experienced motorcyclist, were riding their motorcycle on Highway 99 during a road trip as they had done almost every weekend since purchasing the motorcycle a year earlier. Jerry Welming was getting ready to exit the highway, so he briefly checked his side mirrors to avoid cutting off another motorcyclist who had been traveling nearby for several miles. When he looked up from the mirrors, he saw the sudden emergency of a wall of traffic about a couple hundred feet ahead.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

In an effort to avoid an accident, Welming immediately applied what he believed were his ABS brakes, but the standard brakes locked up and caused the motorcycle to skid. Welming tried to reset what he believed were his failing ABS brakes by releasing and reapplying the brakes, only to find that the brakes locked up again, causing the motorcycle to skid uncontrollably for many more feet down the highway. Then the motorcycle forcibly ejected plaintiffs into the air and caused them to land on the pavement. At the time the motorcycle flipped, there were still several feet between the motorcycle and the car in front of it.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.