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Friday, 16 June 2017 00:00

Motorcycle Rider’s Case Settles for $1,250,000.

Written by Jonathan Druckman

Negligence and Wrongful Death Lawsuit Yields $1.25 Million for Family.

The family of a motorcycle driver, who was killed in a crash with another driver, recently obtained a favorable settlement. Mr. Richard Mark Bianculli Sr., who was only 46 years old, was tragically killed in a motorcycle accident when he was struck by a Jeep Wrangler driven by a female teenage driver on Route 15. The 17 year old driver of the Jeep was allegedly trying to make a left turn into a business at the time of the crash. She also had three other teenagers in the car with her, even though the law requires her to have no more than a single passenger without a parent or guardian due to her age. The lawsuit charged the driver of the car with breaching a duty of reasonable care as a result of her recklessness and negligence. Her father was also named in the lawsuit for negligently entrusting her with the operation of a vehicle.

When the back of Mr. Bianculli’s motorcycle was struck, he was immediately ejected from his motorcycle. Somehow, he was able to survive the initial impact. Witnesses saw him stand up and remove his helmet before he ultimately collapsed and passed away in the next half an hour when he was taken to the hospital. The witnesses also confirmed that the teenager was at fault. Mr. Bianculli’s family was able to obtain a significant settlement for wrongful death, conscious pain and suffering in his final moments, as well as for the loss of companionship and loss of financial support .

While, it seems very unfair, New Jersey law does not allow an award for the loss of life itself. In New Jersey if a person is immediately killed in an accident, the recovery is limited to only the economic losses sustained as a result of the death. In this case, the fact that the victim did not die immediately during the crash, allowed his estate to recover for the period of conscious pain and suffering he experienced before he died. Courts have allowed significant recoveries for pain and suffering for even seconds of conscious suffering prior to death.

If you, or a loved one, have been injured in an accident call the injury lawyers at 908-353-5850 to get the compensation that you deserve.

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