We represented a motorcyclist who–by his own admission–had a problem with speed. He rode too fast. And he was riding too fast when he got into the accident.
The insurance company acknowledged that our client had a bad head injury. But it argued that if he wouldn’t have been speeding the accident would have never happened.
Fortunately the Washington Court of Appeals was able to see through the insurance company nonsense. It reasoned: “Excessive speed which does no more than bring favored and disfavored drivers to the same location at same time cannot be a proximate cause.”
In the end we recovered half a million dollars for the motorcycle rider.
What’s the take-away? It makes sense to pursue cases even if the injured person was speeding.