Motorcycle & Bicycle

Motorcycle accidents are a known leading cause of traumatic brain injury. Combined with motor vehicle accidents, they are the largest cause of traumatic brain injury in the United States. In 2003 the National Highway Traffic Safety Administration (NHTSA) estimated that, per mile traveled, motorcyclists were 32 times more likely to die in an accident than a passenger in a car. The NHTSA also reported that one out of every five motorcycle accidents results in head or neck injuries.

While it is not required by law in every state to wear a helmet, the use of helmets is essential in preventing traumatic brain injury. Most studies show that the best way to prevent brain injury on a motorcycle is to wear a helmet. However, motorcyclists who wear helmets are still very susceptible to brain injuries to the front of the head. Damage to the front of the head can cause speech and other important function impairments.

These life changing brain injuries may cause schizophrenia, comas, and life long communication disabilities.
After being in a motorcycle accident that resulted in traumatic brain injury, you and your family are not in a peaceful situation. This type of life changing injury is not something to take lightly. At Tabor Law, we have experienced lawyers who will help you and your family recover compensation for any injuries and damages suffered. Consider Tabor Law during this life changing moment, consider Tabor for your life changing case.

Case Study

Schutter v. Church, et. al.

On April 29, 2004, Mark Schuttler was operating his 1995 Harley Davidson motorcycle in the northbound lane of State Road 37 near the intersection with County Road 700N in Johnson County, Indiana. Mark clearly had the right-of-way. At the same time and place, David Church was operating a 2004 Chevy Silverado truck owned by DL Peterson Trust/Diebold in the course of his employment with Diebold, when he carelessly and negligently failed to yield the right-of-way and entered into State Road 37 directly in the path of Mark’s oncoming motorcycle. Mark was unable to avoid colliding head first with the mid-section of the truck David Church was driving. Upon impact, Mark was ejected from the motorcycle and thrown to the pavement of travel for northbound State Road 37, where he was run over by another northbound vehicle.

Liability in this case was clear. David Church’s negligence was the sole proximate cause of the collision as he failed to yield the right-of-way to Mark. David Church was cited by the Johnson County Sheriff’s department for failure to yield the right-of-way at a through highway. Because David was in the scope of his employment at the time of this incident, Diebold is vicariously liable for his negligent acts.

Mark sustained multiple, serious, permanent and devastating injuries including but not limited to multiple injuries to his brain, multiple fractures to his right leg, multiple fractures to both upper extremities, and loss of vision to his right eye. As a result of this collision, Mark was rendered 100% permanently disabled.

Mark’s wife, Tracey Schuttler, has been the lawful wife of Mark for twenty eight years. As a result of this collision, Tracy sustained significant damages, She lost the value of his services and consortium and she will lose the value of some of his services and consortium in the future. She has been forced into the role of caretaker for her husband.

With representation from Tabor Law Firm, Mark was able to recover a multi-million dollar sum from David Church and his employer. Tabor Law Firm also assisted Tracey in reaching a $350,000.00 settlement with Defendants.