If a car crashes into a motorcycle, the driver of the vehicle can be named in a personal injury lawsuit if the accident was caused by the car. But if a motorcyclist strikes a stationary object, then it’s usually the fault of the motorcycle operator – unless the object should not have been there or was not properly marked.
That’s what Andy Lee Anderson tried to assert when he crashed his bike into a concrete median in Las Vegas in April of 2005. The median was on Rainbow Boulevard next to the construction site of the Harmon Tower in CityCenter (which may soon be demolished because of construction defects that have prevented its habitation). Anderson suffered a brain injury as a result of the wreck. In his suit, Anderson claimed that the median was not properly marked and was therefore a safety hazard.
But this week, the Nevada Supreme Court upheld a ruling dismissing the case after a lower court judge issued a pretrial order of summary judgment. In a 4-2 decision, the justices agreed that Anderson failed to present enough evidence for the case to go forward. The median in question was inspected by an expert witness, but not until two years after the motorcycle accident – and Anderson does not have any recollection of the wreck itself.
Had more evidence been gathered shortly after the incident (such as photos of the median, witness accounts of the crash, or an inspection by a governmental agency or expert witness), then Anderson’s case might have been allowed to proceed. But unless Anderson decides (and is given permission) to appeal this ruling, he will not be able to receive compensation from any of the defendants for medical expenses and other damages that stemmed from the motorcycle accident. That’s why it’s important to contact a motorcycle accident lawyer as soon as possible after a crash.