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Hupy and Abraham Helps Injured Motorcyclist and Blocks Helmet Bill

In an instant, happily driving a motorcycle along a country road on a summer day turned tragic.

James Anderson was driving his bike on that country road when a careless driver pulled her truck from the side of the road right in front of him to make an illegal U-turn.

After he crashed into the truck, James was thrown 100 feet by the impact because he was going 60 miles per hour. James remembers nothing about the accident. He says matter-of-factly about his life-changing accident, “I remember nothing.”

Family members kept a vigil in his hospital room. He was in a coma, hooked up to a ventilator, and survived surgery to remove a blood clot and pressure from his brain.

“I knew instantly,” his wife, Tracy, remembered. “The doctors came in and sat us in a circle and told us ‘we don’t have any good news for you. He has a 10 percent—maybe 20 percent—chance of living.’”

Today, after years of intense physical, occupational, and speech therapy, and some tender loving care from his family, James Anderson is alive. That’s pretty amazing considering the severity of his injuries and that his heart stopped beating and he was revived using CPR twice.

Doctors initially told James that he would probably never walk again. But James repeatedly told them, “I will.” And, indeed, he learned to walk again.

“I refuse to give up some things,” James stated. As a person who led a very active lifestyle, in addition to learning to walk again, he also relearned to talk, write, and feed himself. For months after the accident, he had to receive his meals through a feeding tube because he could not chew and eat regular food.

His family lifestyle has changed drastically since the accident. He is unable to work, so he stays home with his three children while his wife now works full time. Amazingly, he never lost his math skills after the accident, so he is able to help his children with their math homework

He cannot enjoy fishing, hunting, or golfing as he used to before his accident. A simple task like walking on uneven grass is still a complicated chore for him.

Wisconsin motorcycle accident attorney Jason Abraham of Hupy and Abraham helped James receive a $1.9 million settlement and proved in court that truck driver who pulled out in front of him was negligent. This was even after accident investigators had determined the pickup driver was 100 percent at fault, even though the driver denied it.

Adding insult to James’ severe injuries, while he was in the hospital recovering from his accident Wisconsin lawmakers drafted a bill that said motorcyclists not wearing a helmet could not recover any damages if they were involved in an accident. And, because James was not wearing a helmet, he was in danger of not recovering any damages from the accident.

Attorney Michael Hupy of Hupy and Abraham lobbied and testified before Wisconsin legislators to persuade them not to pursue that law. With the assistance of Wisconsin legislator Dave Zien, a Harley rider himself, they were able to change the law!

If you or any of your friends and family are injured in a motorcycle accident, have them call Hupy and Abraham. They are advocates for the riders!

$1,900,000

Jason F. Abraham
Managing Partner, Hupy and Abraham