Excerpt from: Motorcycle Lawyer
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| October 27, 2008 | | Tiresome "Experts" Work Against Fellow RIders | I had a recent arbitration involving a motorcycle accident where the defense brought in one of their tired, old insurance defense motorcycle experts.
This self-proclaimed enthusiast is repeatedly disclosed by the defense on a wide range of claims, which usually amount to "attacking the victim". This particular load of mushroom fertilizer was the claim that a motorcyclist should have simply ridden around a car that pulled into traffic from a parking space, without looking.
Of course, the usual expert tricks initiated the testimony. Then it was time to test it.
Having done this work for years, I know that it is necessary to "see" an accident several ways: 1) As if looking from the top down, with the accident on a giant map; 2) From the view of each of the participants; and 3) From the viewpoint of actual witnesses, or what witnesses would have seen had their been any.
This case involved a relatively narrow roadway. Parking on both sides of the street. One lane each direction for traffic. At the time of the accident, there was an oncoming truck, so effectively, there was only one lane for the accident to occur in.
At the time of the accident, most of that lane was blocked. We know that, because the motorcycle went into the side of the car.
What the defense expert was trying to claim, was that a motorcycle could easily get around the car in the lane that was open.
What the defense expert did not know, was 1) Exactly where the car was when it pulled into traffic. Did it go back and forth in the parking space before it pulled out? Did it start the critical maneuver with part of the car in the street? How close was the motorcycle when the car pulled out? How fast did the car pull out? What was the angle? How much room was there between the parked car, and the vehicle in front of it when it pulled out?
In other words, the testimony was made up from speculation and conjecture. It depended for its effect on someone who does not like motorcycle riders for the trier of fact, in this case, the arbitrator.
We'll have to wait and see how this one comes out, but it always frosts me when a so-called motorcycle enthusiast uses his background to take out a fellow rider.
Why do they do it? Only one reason - money.
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