Luck plays a role in motorcyclist’s $475 K settlement

Lessons from a prior wreck and a fortuitous meeting with a long-gone witness recently helped a motorcyclist reach a $475,000 settlement after he was run over by an SUV while trying to avoid crashing into a sports car.

On Sept. 1, 2012, William Blaine was riding his Harley Davidson on Belhaven Boulevard in Charlotte when he spotted a Ford Mustang, stopped at a side street to his right, that he believed was going to pull out in front of him. To avoid a potential crash, he laid the bike down on Belhaven and immediately found himself under an SUV that was traveling in the opposite direction.

Blaine’s attorney, Bob Karney of Charlotte, said the SUV’s driver didn’t exercise necessary caution when turning across the road.

“I guess she was trying to get across the road and looking down the road for oncoming traffic because she failed to see William’s motorcycle laid down right there in front of her,” Karney said.

Less than a year earlier, a motorcycle accident had left Blaine with a broken clavicle, a fractured rib and an injured knee. The SUV incident wasn’t so kind. His medical bills topped $100,000 before an uninsured discount, and he’ll likely never work as a transmission mechanic again.

“He was stuck underneath the automobile and it literally broke his leg in half,” Karney said, “bone sticking out. He was really, really broken up in this accident. He will have a very difficult time standing or sitting for great durations of time.”

After the first accident, Karney told Blaine he needed to increase his insurance coverage.

“He had a $50,000 policy on his Harley,” Karney said. “After this last accident, he called me and in his hazy state, told me not to worry, that he had gone and bought $500,000/$1 million of underinsured motorist insurance. Turns out he did, and how fortunate that was for him.”

According to Karney, the Mustang’s driver was sitting at a stop sign, “rocking the clutch,” making it appear as though he was going to pull out in front of Blaine.

“A witness, traveling behind Blaine, stated that he thought to himself, ‘No, Mustang, don’t go!’ and that he thought the driver … was going to pull out and hit Blaine, who was traveling straight ahead in his lane,” Karney said.

That eyewitness vanished, Karney said, after police failed to gather his contact information at the accident scene. But several months later, there was a chance meeting.

When Blaine felt he was physically ready to return to work—mistakenly, as it turned out—he walked into a shop with a “help wanted” sign hanging in the window.

“The man asked Blaine why he was limping and he told him about the accident,” Karney said. “The man said, ‘I know you! I’m the one who pulled you from under that woman’s car!’”

The drivers of both vehicles were initially named in the lawsuit, but Karney said the claim against Mustang’s driver was voluntarily dismissed since there was no actual impact.

The defendant’s liability carrier, Central Insurance Co., initially denied liability, Karney said, but tendered its $100,000 policy limit after the plaintiff took “considerable steps towards litigation.” Central was represented by Ned Stiles of Stiles, Byrum and Horne in Charlotte.

Stiles did not respond to messages seeking comment.

Last July, Blaine demanded arbitration with the underinsured policy carriers—Liberty Mutual and Progressive—represented by Charlotte attorney John Jeffries of McAngus, Goudelock & Courie.

Karney said the UIM carriers “remained ready to arbitrate and committed to [the] belief that they should not exhaust policy limits,” but mediation eventually led to the $375,000 settlement.

“Finally, a compelling functional capacity evaluation and examinations under oath demonstrated the significance of Mr. Blaine’s personal injury,” Karney said.

Jeffries responded to a request for comment via email.

“I would simply state that the defendant UIM carriers amicably negotiated a settlement through a voluntary mediation and that all parties involved were satisfied with the resolution of the case,” he wrote.

After the accident, Blaine packed up his twice-repaired motorcycle, moved back home to Vermont and bought himself a small house on seven acres of land.

“He has decided that it’s much safer to ride a motorcycle in Vermont than in North Carolina,” Karney said.

Type of action: Motor Vehicle Negligence

Injuries alleged: Crushed leg and ankle, compound fractures

Date of settlement: July 22

Settlement amount: $475,000 ($100,000 policy limit from defendant’s liability carrier; $375,000 from UIM carrier)

Attorney for plaintiff: Bob Karney, Charlotte