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IH Law Legal Team Turns Bleak Outlook
Into Big Jury Verdict
Things looked bleak for Terry Strickler.
The former western Maryland resident was riding his prized 1999 Harley Davidson home on the evening of June 21, 2008 when he struck a slow moving hay trailer being towed by a farm tractor. Mr. Stickler was ejected from his motorcycle and sustained catastrophic injuries, including a near amputation of his left lower leg, fractured pelvis, ligament injuries and facial fractures. His motorcycle was crushed by the force of the impact. Police and medics at the scene and emergency room attendants at the hospital noted a strong odor like "the smell of alcohol" emanating from Mr. Strickler's person.
Yet, due to the diligence, experience, financial resources and legal expertise of our attorneys, almost four years after the accident, a jury awarded Mr. Strickler $235,000.
"I am thrilled with the outcome and can't say enough about the way Ingerman & Horwitz represented me," said Strickler. "I knew I needed to find a damn good law firm and these guys really went all out for me."
Managing partner Alan Horwitz said, "When I heard the details of Terry's case, I knew it would be a long, difficult and expensive case to win."
Mr. Horwitz explains that, "When a driver hits another vehicle from behind, there is a presumption of rebuttable negligence. In everyday terms, that means the driver who rear ends another vehicle is presumed to be at fault for the accident unless it can be proven that other mitigating circumstances prevailed," Horwitz explained.
Just as in the popular television show CSI, Horwitz brought in a nationally-recognized accident reconstruction expert who spent hours carefully analyzing the accident scene. Through that analysis and police reports from the time of the accident, it was determined that the farmer was operating his tractor on the roadway after sunset without a "slow moving vehicle" placard displayed. Both are violations of the law and he was cited accordingly. Also a weather analysis of that June night showed that it rained just 20 minutes after the accident, so there would have been little or no light from the moon and stars due to the cloud cover.
At trial, the tractor operator argued strenuously that Mr. Strickler was intoxicated. Various witnesses at the accident scene recall that the roadway was covered with a liquid substance that smelled like alcohol.
Through our investigation, we were able to determine that the "odor of alcohol" was caused by a chemical found in farm machinery tires which ruptured due to the force of the impact. Armed with this knowledge, lead litigator David Jackson conducted a vigorous cross-examination during which the tractor operator finally admitted that the liquid was most likely calcium chloride, the liquid commonly found in farm equipment tires that smells like alcohol. Says Jackson: "We also tracked down several individuals who had been with Mr. Strickler on the day of the accident. These individuals were subpoenaed to testify at trial that Mr. Strickler was not intoxicated on the day of the accident."
Bottom line: The accident reconstructionist found that due to the farmer's failure to provide adequate lighting while operating his slow-moving tractor on a public roadway with a 55 miles-per-hour speed limit after sunset, there was almost no way an average person or operator of a motorcycle could have avoided the collision.
In the four years that has transpired since his horrific accident, Mr. Strickler was unable to work as he slowly recovered from his injuries. "We were also able to handle all of the filings required for him to receive Social Security disability," said Mr. Jackson.
Despite his permanent injuries, Mr. Strickler recently purchased a 2007 Harley and is back in the saddle again participating with fellow bikers in "poker rides" for charity. "I really can't say enough about how great the entire staff at the law firm treated me when I needed them the most. If anyone is looking for a recommendation for a lawyer, just have them call me ... Ingerman & Horwitz helped save my life!"
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