2 Bicycles Crashed. Fulton Jurors Awarded $1.6M

Atlanta, GA – On January 25, 2023, a Fulton County jury returned a verdict in favor of a client in the amount of $1,600,000.00. For three years the lawyers at Tobin Injury Law warned State Farm that a jury would return a verdict for over a million dollars. And for three years, just like insurance companies typically do, State Farm balked never offering more than $430,000.

One can learn more about the case by visiting this article: https://www.tobininjurylaw.com/2024/02/02/tobin-injury-law-wins-1600000-00-jury-verdict-for-bicycle-on-bicycle-accident/

• Summary of the case

This was a case that arose from a bicycle on bicycle accident that occurred next to Piedmont Park along 10th Street in Midtown Atlanta on March 29, 2021. The client, who was 30 at the time, was riding his bicycle in the bike lane when the defendant, who was the same age, was riding in the opposite direction in the car lane adjacent to the bicycle lane. The defendant suddenly cut right into the client’s bike lane causing the bicycles to strike one another. The collision knocked the client to the ground; he sustained injuries to both of his hands and wrists. He ultimately had surgeries and over 50 sessions of physical therapy. Those surgeries were by all accounts successful, however, they argued at trial that he continues to experience pain. He also aggravated an existing knee injury, but the firm strategically chose not to discuss the knee injury nor asked for reimbursement of any of his medical expenses. Instead, they focused their entire case on the pain he feels in his hands and wrists. For damages witnesses, they brought to testify three family members, two friends, the surgeon and the primary physical therapist via a medical report. They themed the case that “broken rules caused broken bones”. They kept repeating that no one chooses to give up the activities they love and that the client had good days and bad days but that his pain was still present some almost 3 years later.

• Three Days of Trial

Darren Tobin could not have asked for a more attentive jury. Almost every juror took notes during the trial; most of them wrote down the numbers Darren asked for during the closing argument; and most of those he interviewed after the trial said they connected with the client. The client is an extremely deserving young man who has his whole life ahead of him. This verdict of $1,600,000 will not undo the pain in his hands, but it will secure him a pain-free financial freedom. The jury was comprised of 8 women and 4 men.

• One of the biggest litigation hurdles they had to overcome

During voir dire (jury selection when 42 possible jurors are questioned before the 12 jurors are selected) one of the prospective jurors asked who pays for any compensation that’s awarded. Someone blurted out loud that the defendant would be the one paying – which was not true, it was his homeowner’s insurance that would pay – but because they could not explain it was homeowners insurance that would in fact pay the verdict – as Georgia law precludes them from ever mentioning the fact that insurance pays verdicts, not the defendants in the courtroom – they felt concerned how that would adversely influence the jurors in to not wanting to award a substantial verdict. Jurors intuitively think that auto insurance protects defendants in motor vehicle accidents, but here they had a bicycle on bicycle. None of the jurors had the faintest idea that homeowners insurance was in play. (How Darren found out that homeowners insurance applied in this particular case was he asked for the policies and read them cover to cover early on looking for any coverage that may apply.) When he interviewed jurors after the verdict was announced, they confirmed that there was serious concern about who would pay the verdict. They believed it would be the defendant personally. (Amazingly, the firm still won $1.6 million. Imagine how much they could have won had this been a car versus bicycle case as that would have left the jury thinking there’s car insurance!)

Media Contact

Name
Tobin Injury Law
Contact name
Darren Tobin
Contact phone
(404) 587-8423
Contact address
49B Lenox Pointe
City
Atlanta
State
GA
Zip
30324
Country
United States
Url
https://www.tobininjurylaw.com/