The Dolan Law firm successfully obtained a $295,000 settlement, in the matter of Cuthbertson V. Schartow.
On morning of December 9, 2009, Mr. Cuthbertson was riding his motorcycle on his way to work from home. He traveled down Bush Street toward downtown, taking a right onto Montgomery Street. He continued down Montgomery, crossed Market Street, and approached the intersection of New Montgomery and Jessie, an alley mid block between Market and Mission Streets. His speed was approximately 15-20 mph.
New Montgomery is one-way with two dedicated traffic lanes, and a curbside parking lane on both sides of the street. The lane to his right was backed up with traffic, either stopped or moving slowly at the time. Traffic appeared to be blocking the intersection of Jessie and New Montgomery.
As he approached the intersection of Jessie and New Montgomery, Mr. Cuthbertson edged over to the left side of his lane, anticipating that someone from the backed up lane to his right might pull out in front of him to escape the backup. This maneuver provided him with “more of a buffer” against errant cars.
Mr. Cuthbertson first saw defendant’s car as it entered his lane of travel – “poking out” from within line of backed up cars in the lane to his right. At the time he saw Defendant’s car, the front left side of defendant’s car, from the front bumper to front wheel, had already extended into his lane of travel.
He was approximately one car length from the intersection at the time he first saw Defendant’s car, and, unfortunately, he could not stop in time to avoid a collision. He swerved to the left, braking in an effort to avoid an impact.
At the same time Plaintiff was attempting to avoid the collision, Defendant was driving across New Montgomery’s lanes of traffic, oblivious to Plaintiff Cuthbertson’s approach, and in complete disregard of his right of way. Had she looked, he would have been clearly visible, as seated upon his motorcycle he was riding higher than the standard car roof line. Defendant struck the front right side of the motorcycle, throwing Mr. Cuthbertson into the air and propelling him onto the pavement, causing a fractured clavicle, among other injuries.
Luckily, Mr. Cuthbertson was wearing a helmet, gloves and a motorcycle jacket. Otherwise, his impact and slide along the ground could have caused much more severe injuries. Mr. Cuthbertson was taken to SF General Hospital’s ER by ambulance for emergency treatment.
