BIKERS? DRIVERS? $50,000 per foot? $150,000 verdict for cyclist upheld by Ark. Court As a business litigator, I dont always pay close attention to verdicts in personal injury cases, but on weekends I wear a different hat/helmet as a regular cyclist. A new decision by the Arkansas Court of Appeals was of more than passing (at least 3 feet, please) interest. Marybeth Allinson suffered a fractured arm when, after signaling a left turn at an intersection, a following car tried to pass her bicycle on the left and hit her. Her medical costs were around $8,000 and she had approximately $800 in lost wages. But in addition, the $150,000 jury verdict awarded $140,000 for her pain and suffering. On appeal, the Court upheld the verdict over the drivers objections, including a claim that it was excessive. The court found that her injuries required her to give up activities like running and yoga, caused permanent scarring, and forced her to quit a job that supplemented her income. As cycling continues to grow, this case is a good reminder that Arkansas law (like many other states) requires drivers to allow at least 3 feet when passing a cyclist. Most drivers are careful and courteous, but almost all cyclists have stories of close calls. Some -- like Marybeth -- have more permanent reminders of the joys and hazards of cycling. And as for the driver, it effectively cost him $50,000 per foot for violating the 3 feet law. For the opinion: ow.ly/E43ul.
Posted on: Tue, 11 Nov 2014 16:07:02 +0000
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