We successfully won a hybrid case consisting of a motorcycle crash in a construction zone in Miami metro. Long story short, a toll plaza was under construction and the crew was in the process of removing the entire structure. They were reconfiguring the travel lanes but failed to clean off the loose gravel and debris from the road.
Our client’s motorcycle slid on the loose debris resulting in him tipping over on the bike and suffering a nasty elbow fracture. Excerpt from demand “As per all indications, it is clear that your insured failed to maintain a safe premises insofar as it relates to the area of below:
construction under Kiewit’s control. As evidenced by the attached photographs, it is clear that Kiewit, and its agents, failed to remove the excavated loose gravel from the roadway, which was caused by the construction, despite the fact that the lane was open to the public as construction had ceased for that period. Industry standards clearly require construction companies to remove any debris from the areas in which members of the foreseeable public will use as a means of egress and ingress.
Obviously, public roadways fit the aforementioned description. Additionally, this incident was reported by investigation officer, Trooper J.C. Rosario, who noted that our client did not contribute to the accident in any way, and that the cause of the accident was the debris left on the roadway. He even went so far as to diagram the debris in his accident report.
Additionally, you will find photographs taken of the scene accurately depicting the area at the time of the accident. The photographs clearly demonstrate that the area was littered with loose gravel and pavement”.
Our client suffered a fracture of the olecranon with multiple radiopaque foreign bodies within the soft tissue ( a badly broken elbow ).
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