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$500,000 Settlement in Distracted Driving Case

Cell Phone Use Results in Motorcycle Fatality

On Friday, May 17, 2013, a 22-year-old man was driving a Honda motorcycle on Moorland Road in New Berlin, Wisconsin, when he was struck by an automobile that turned left in front of him. Upon impact, he received serious injuries and became nonresponsive and unconscious at the scene. He was transported to Froedtert Hospital and died the next day as a result of his injuries. His mother hired Hupy and Abraham to represent her in a wrongful death case. 

A witness of the accident saw the driver go through a red light and suspected the driver was using a cell phone, as she was looking down while driving. Attorney Todd Korb argued that the car driver was distracted by using a cell phone at the time of the crash. Forensic evidence determined that the driver was indeed using a cell phone at the time of the crash. 

Although in Wisconsin loss of society damages in the wrongful death of an adult are capped at $350,000, Attorney Todd Korb was able to persuade the insurance company to settle for $500,000 arguing that the motorcycle rider experienced pre-impact fright. 

The National Highway Traffic Safety Administration (NHTSA) estimates that driver distraction in the few seconds before an accident is a factor in as many as 80 percent of all crashes, including motorcycle accidents. It is estimated that each year almost 6,000 people are killed and more than 500,000 people are injured by distracted drivers. Many of these victims are motorcyclists.

One of the major causes of distracted driving is texting while driving. In a recent AT&T survey, 49 percent of commuters admitted to texting while driving. 

Help Hupy and Abraham raise awareness of the dangers of distracted driving, including texting, by ordering your FREE “DNT TXT N DRIVE” sticker