Philadelphia Jury Finds Split Liability, Awards $156K in Motorcycle Crash

A motorcyclist was injured in a rear-end collision on Hunting Park Avenue in North Philadelphia on June 10, 2017. The plaintiff, a restaurant worker, alleged the defendant, driving a sedan, negligently changed lanes abruptly, causing the plaintiff to strike the rear of the defendant's vehicle and be ejected from the motorcycle.

The defense maintained that the plaintiff was liable for the collision, citing his blood alcohol level of 0.215 after the accident. A defense expert in toxicology testified that such impairment would have severely affected the plaintiff's reaction time, depth perception, and judgment. The defense argued that the plaintiff was too impaired to have avoided the collision, even if the lane change occurred as alleged. The plaintiff testified that his perception and ability to operate the motorcycle were unaffected despite his inebriation, a claim reportedly corroborated by a friend also riding a motorcycle.

The plaintiff suffered multiple facial injuries, including 11 fractures to the mandible, orbital bones, and nasal bone, along with six missing teeth. He underwent three open reduction procedures with internal fixation and made a recovery, noting some scarring and numbness. The plaintiff sought to recover a medical lien of $100,000 and damages for past and future pain and suffering.

After a three-day trial, a jury in Philadelphia determined that the defendant was 52 percent liable and the plaintiff was 48 percent liable. The jury assessed total damages at $300,000, which was reduced to $156,000 to reflect the comparative negligence finding.