$5,475,000 Settlement for Motorcyclist in Crash Caused by Defective Brakes

Partners David L. Scher and Stephen J. Murphy secured the result for a photographer in Kings County who suffered severe fractures in the accident.

Court and County

Supreme Court, Kings County

Defective Brakes Lead to Devastating Crash

Our client, a husband and father of two, was a successful photographer and long-time motorcyclist. Shortly before the accident, he purchased a motorcycle from a dealership in Brooklyn. The bike had previously undergone recall work to fix a part of the front brakes, but the dealership assured our client it was in working order at the time of purchase.

Our client, however, quickly returned to the dealership with concerns. He told the technicians that the brakes were producing a loud squeaking noise, and the bike was left at the dealership for repairs. That same day, one of the technicians told our client that the bike was fixed and ready for pickup.

Just a few days later, our client was riding the bike in upstate New York when he realized he had lost all pressure in the front brakes. Unable to stop, he drove off the roadway and crashed into a boulder and tree, losing consciousness briefly and waking up on the ground in immense pain.

Life Altering Orthopedic Injuries

Our client was rushed to the hospital, where he spent three days in the ICU. Immediate diagnostic tests showed fractures to his pelvis, clavicle, and several ribs, along with many other internal injuries. Later tests would also reveal injuries to his elbow, bicep, and shoulder.

Upon being discharged from the hospital, our client was bound to a wheelchair and told not to bear any weight until he started to heal. Because of this limitation, he needed daily assistance from physical therapists and home health aides just to perform basic tasks, and he was unable to work any photography jobs.

The High Cost of Negligence in Motor Vehicle Repairs

The brakes on our client’s motorcycle had clearly failed, but Partners David L. Scher and Stephen J. Murphy still needed to ascertain why. A defective brake part could put liability on the manufacturer. It was also the dealership’s duty to ensure the bike worked properly when it was sold and again when it was returned due to squeaky brakes. If faulty repairs were the reason for the brake failure, the dealership would be at least partially at fault.

The strongest evidence wouldn’t present itself until a thorough inspection of the bike took place. Our attorneys brought in an expert in motorcycle mechanics and accident reconstruction to examine the bike, and his findings were staggering. While looking at the brakes, he found that three critical components of the front brake cylinder were completely missing, which had caused the brakes to fail in our client’s accident.

Moreover, additional repairs performed by dealership technicians were incorrect – one of the parts had been installed backward, and some of the screws had not been tightened all the way. Our client, who had been told the bike was working fine when he picked it up, had unknowingly received the bike in complete disrepair. This clear proof of negligence put liability squarely on the dealership.

The Lasting Impact of Catastrophic Injuries

Unfortunately, our client’s pain and suffering continued long after the motorcycle accident. When it became clear that the clavicle fracture was not healing properly, our client underwent clavicle reconstruction surgery, during which doctors also discovered the bicep and shoulder tears. He also developed compartment syndrome in his legs, an extremely painful condition caused by a buildup of pressure around the muscles. Due to the extent of his injuries and his continued chronic pain, he will mostly likely need a total hip replacement in the future.

Though years of therapy and rehabilitation improved his mobility, our client’s daily activities are still limited. It can be incredibly difficult for him to stand for extended periods of time, let alone ride a motorcycle or lug equipment around a photography gig. Our client’s wife also made a loss of consortium claim for the loss of companionship she suffered due to the debilitating nature of our client’s injuries.

Though our attorneys could not remove that pain, they did help our client find justice for the accident. Their careful investigation uncovered the dealership’s clear negligence, and the case settled shortly after this evidence was obtained. The settlement will help relieve some of the economic and emotional burden brought on by the accident and give our client more ways to move forward.

Settlement Amount

The case was settled for $5,475,000.

Handling Attorneys

The case was handled by Partners David L. Scher and Stephen J. Murphy.