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Andrew A. was riding a 2012 Harley-Davidson motorcycle southbound on Archibald Avenue in the city of Rancho Cucamonga, California. Andrew A. was riding within the posted speed limit of 40 mph. At that time, the motorist was driving a 2004 BMW sedan exiting a private parking lot and attempting to turn left to go north on Archibald Avenue. Andrew A.’s motorcycle broadsided the vehicle causing him to be ejected and strike the asphalt roadway.
Andrew A. sustained multiple abrasions and fractured right and left arms which required surgery.
The motorist’s at-fault’s insurance company disputed liability claiming that Andrew A. was both speeding and inattentive and as such, they sought to discount his injuries and damages by 30%. Tom Reinecke was able to prove quickly that Andrew A. had not been speeding nor was he distracted at the time the accident occurred. The motorist admittedly “saw the motorcycle” approaching but still made the election, decision and choice to accelerate and pull out into and across the southbound lanes of Archibald Avenue directly into the path of Andrew A.’s motorcycle.