Sacramento Motorcycle Accident Lawyer

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Experienced Sacramento Motorcycle Accident Attorneys

If you were injured in a Sacramento motorcycle accident caused by the carelessness of another motorist, you may be entitled to financial compensation for medical expenses and other damages from your injuries.

The Sacramento motorcycle accident lawyers at the Arnold Law Firm are prepared to manage every aspect of your injury claim. We are devoted to holding negligent drivers accountable for injuries and aggressively pursuing compensation for medical expenses, lost wages and other damages. Our firm has more than 40 years of experience pursuing and recovering fair compensation for victims of all types of motor vehicle accidents. This includes a $10.2 million verdict in a case involving a fatal motorcycle collision.

We offer 100 percent free case reviews and do not get paid unless you receive compensation.

Click here to contact us and schedule your free consultation.

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What To Do After a Motorcycle Accident in Sacramento?

Following a motorcycle accident, taking the proper steps is crucial to ensure your safety, protect your legal rights, and strengthen your case if you decide to pursue compensation.

  1. Seek Immediate Medical Attention
    Your health should be your first priority. Even if your injuries seem minor, internal trauma or other issues may arise later. Seeking prompt medical care also documents your injuries, which can support your case.
  2. Call the Police
    Reporting the accident is essential. An official police report provides crucial evidence for any motorcycle accident lawsuit, establishing liability and recording the facts of the crash.
  3. Document the Scene
    Collect as much evidence as possible, including photos and videos of the accident scene, your motorcycle, the other vehicles, and any visible injuries. Eyewitness accounts can be invaluable for your Sacramento motorcycle accident lawyer.
  4. Exchange Information
    Obtain contact and insurance details from other involved parties. Your attorney will need this information when building your case.
  5. Notify Your Insurance Provider
    Reporting the accident to your insurance company is often required, even if you plan to work with a lawyer. Be honest, but avoid providing detailed statements until you consult an attorney.
  6. Contact a Sacramento Motorcycle Accident Attorney
    Hiring an attorney from the beginning ensures you have a legal professional gathering evidence, handling communications, and protecting your rights. The Arnold Law Firm offers expert motorcycle legal representation, helping you understand your options and guiding you through the process.

Acting quickly preserves crucial evidence and maximizes the chance of a favorable outcome. With Arnold Law Firm by your side, you can feel confident about pursuing justice and fair compensation.

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How Much is a Motorcycle Accident Settlement in California?

n California, motorcycle accident settlements can be significant due to the high risk of severe injuries associated with motorcycle crashes. Settlement amounts typically reflect several key factors:

  • Severity of Injuries: Serious injuries like head trauma, spinal injuries, and long-term disabilities often result in higher compensation. Injuries unique to motorcycle accidents, such as road rash, can also impact settlement value.
  • Medical Expenses: All costs, including emergency response, accident rehabilitation, and any long-term medical care, are considered in the final settlement.
  • Lost Income: If the accident impairs your ability to work, compensation may cover lost wages and future income.
  • Pain and Suffering: Emotional trauma, pain, and the diminished quality of life are essential factors, particularly in cases involving long-term disability.

Motorcycle accident settlements involving commercial insurance policies, especially those with severe injuries, frequently reach six-figure sums. Arnold Law Firm has extensive experience in these cases, helping Sacramento motorcycle accident victims recover the compensation needed to cover medical bills, emotional distress, and lost earnings. Contacting an experienced Sacramento motorcycle accident lawyer is essential to maximize your settlement, protect your rights, and receive fair compensation.

What is the Statute of Limitations on a Motorcycle Accident in California?

In California, individuals generally have two years from the date of a motorcycle accident to file a lawsuit. This statute of limitations is crucial, as missing it can prevent victims from pursuing compensation for injuries, medical bills, and long-term impacts like disability or emotional trauma. However, certain exceptions can alter this timeframe. For example, if the accident involved a government entity, the deadline to file a claim may be significantly shorter. In cases involving minors, the statute of limitations may be extended, allowing additional time to file a motorcycle accident lawsuit. However, specific situations could alter this time frame:

  • Claims Against Government Entities: If a government vehicle was involved, the deadline to file is often shorter.
  • Injuries Involving Minors: Minors may have extended deadlines, depending on the circumstances.

Acting within the statute of limitations is vital to maintaining your right to compensation. Arnold Law Firm ensures that all deadlines are met so you don’t lose your chance to pursue justice and fair compensation.

WE FIGHT FOR YOUR MAXIMUM INJURY COMPENSATION

Causes of Sacramento Motorcycle Accidents

Riding a motorcycle is inherently dangerous, because motorcycles do not have seat belts, airbags or other safety protections found in cars. Minor hazards like potholes, uneven lanes, loose gravel and wet roadways can also more easily cause a motorcycle to crash, resulting in serious injury or death.

In addition, many motorcycle collisions are caused by negligence on the part of another driver. Common examples of driver negligence are:

  • Impaired driving – Drinking and driving impairs visibility and reaction time, which puts motorcyclists in greater danger because their vehicles are smaller and more difficult to spot.
  • Distracted driving – Unfortunately, more and more drivers are focused on their smartphones, radios, in-car conversations, or eating and drinking while they are behind the wheel. This puts everyone on the road, including motorcyclists, in danger.
  • Failing to yield – Drivers are so used to looking for oncoming cars that they often do not see motorcycles. They could hit motorcycles while making a left turn through an intersection or pulling out onto a road when they are supposed to yield to oncoming traffic.
  • Not checking blind spots – Not checking blind spots is a common bad habit among drivers. If they do not check their blind spots, they can veer right into a motorcyclist, potentially killing them or causing serious injury.
  • Speeding – This can be a factor in many types of motorcycle accidents, including rear-end crashes and left-turn accidents. Speeding lessens the amount of time drivers have to slow down or make a maneuver to avoid a collision.

If your accident was caused by a violation of traffic laws or any other form of negligence, evidence will need to be collected to prove that someone else is at fault. The Sacramento motorcycle accident lawyers at the Arnold Law Firm conduct a comprehensive investigation to collect evidence to prove what happened. If we take your case, we will:

  • Take pictures of both vehicles and any other important evidence from the scene
  • Review the police report, as it may contain the officer’s opinion on who was at fault
  • Take pictures of your injuries throughout the course of treatment
  • Talk to eyewitnesses for more details about the crash
  • Talk to medical experts to learn about the severity of your injuries

This will help us build a case and pursue the compensation you deserve.

Contact the Arnold Law Firm today for a free consultation. Call (916) 777-7777.

Compensation for Motorcycle Crash Injuries

There are two ways to obtain compensation after a motorcycle crash:

  • File an insurance claim – Most motorcycle accident cases are resolved through a motorcycle insurance claim. California is a fault state, which means the at-fault driver’s insurance company is financially responsible for your damages. You can also file a claim with your own insurance company.
  • File a personal injury lawsuit – If your attorney is unable to obtain fair compensation through an insurance claim, a personal injury lawsuit may be appropriate for your situation.

Past, Current and Future Medical Bills

Treating a motorcycle injury, even a minor one, can be very expensive when considering appointments with doctors, the cost of prescriptions and medical procedures. Be sure to save all receipts and bills from any treatment you receive after an injury. If you have proof of a medical expense related to your injury, we may be able to obtain compensation for it. Medical expenses related to your treatment may include:

  • All surgeries after the crash
  • Transportation to the hospital in an ambulance
  • Physical therapy appointments
  • Trips to the doctor
  • X-rays and MRIs
  • Prescription medications for pain

Lost Wages

Motorcycle injuries may result in severe physical limitations as victims are recovering, hindering their ability to work. You may also have to leave work for medical appointments for further treatment.

While you may have vacation or sick time you can use, an extensive recovery time period can cause you to miss a significant number of work days for which you are not compensated.  Our attorneys may be able to recover compensation for the time you missed work because of your injury. This can help prevent your injury from turning into a financial catastrophe because of your lost income.

Lost Earning Capacity

Even after your treatment is over, you may not be in the same level of health you were before the accident. This might mean that you may need to change careers, work fewer hours or take on fewer responsibilities. These changes could permanently reduce your current and future earning capacity, making it harder to support yourself and your family.

An experienced lawyer can pursue compensation for lost earning capacity because of your injuries. We work to ensure all the relevant factors are given proper consideration when the value of lost earning capacity is being determined; this includes your education, experience, salary history and skills.

Damage to Your Motorcycle

Motorcycles often sustain serious damage in an accident. If the accident was caused by another driver, you may be able to recover compensation to repair your motorcycle or replace the fair market value of the bike.

Pain and Suffering

Our legal team may be able to pursue compensation for your physical pain. You may also be entitled to compensation for the emotional and psychological effects of your injury. For instance, some accident victims become depressed, angry, or anxious about their resulting physical limitations or pain. They may also experience debilitating stress from lack of sleep or dealing with mobility limitations or physical weakness.

The experienced lawyers at our firm have many years of experience with properly documenting our clients’ pain and suffering. We know how to collect evidence that may improve your chances of receiving the compensation you deserve for pain and suffering.

Punitive Damages

In certain severe situations, punitive damages may also be awarded to the injury victim. These damages are generally administered if a motorist has gone beyond what most would consider a safe and reasonable level of conduct in a public environment. For example, if the at-fault driver was driving recklessly or had any kind of impairment, you may be able to collect punitive damages as part of the settlement or jury award.

Our motorcycle accident attorneys are prepared to manage every aspect of your personal injury lawsuit or insurance claim. This allows you to focus on what is most important: your recovery and trying to restore your life to the way it was before the accident.

Laws Affecting Your Motorcycle Accident Claim

There are many laws in California that may affect your accident claim.

For example, California’s pure comparative negligence law governs situations where the victim is partially responsible for his or her injuries. Under this law, your compensation award will be reduced by your percentage of fault for the accident. For example, if you are found to be 80 percent responsible, your compensation award will be reduced by 80 percent.

Another law to be aware of is the statute of limitations for personal injury claims. This law sets deadlines for filing a personal injury lawsuit for your motorcycle accident. This means that you have a limited amount of time from the date of the accident to file a lawsuit. If you miss the deadline, you will be unable to file a lawsuit.

An experienced lawyer knows these laws, how to determine when the statute of limitations ends on your claim and how to deal with the comparative fault law in the courtroom and insurance claims process. Our attorneys will make sure your claim is filed on time and you are not assigned a higher percentage of fault than you deserve.

How Much Do Motorcycle Accident Attorneys Charge in California?

In California, most motorcycle accident attorneys, including Arnold Law Firm, work on a contingency fee basis. This means clients are not required to pay upfront legal fees, as the attorney’s fee is a percentage of the settlement or award. This structure is ideal for victims of Sacramento motorcycle crashes, as it allows them to secure skilled motorcycle legal representation without financial pressure. In a contingency model, payment is only required if the lawyer successfully recovers compensation for the client, helping them manage costs related to medical bills, accident recovery, and rehabilitation.

The Arnold Law Firm also offers free consultations, providing immediate legal insight into potential compensation, liability, and legal strategy. With an experienced Sacramento motorcycle accident lawyer from Arnold Law Firm by your side, you can focus on your recovery while we work to secure your financial future without any initial financial burden. This fee structure allows clients to pursue a motorcycle accident lawsuit confidently, knowing they won’t face additional financial strain.

Why Should I Hire a Motorcycle Accident Lawyer in Sacramento?

Hiring a skilled Sacramento motorcycle accident lawyer can make a significant difference in your case’s outcome. Here’s why legal representation is essential:

  • Expertise in Motorcycle Laws and Claims
    California’s motorcycle laws, such as helmet laws and lane-splitting regulations, play a significant role in determining liability. An experienced attorney understands these nuances and how they affect your case.
  • Negotiating with Insurance Companies
    Insurance companies often aim to settle for the lowest amount possible. A skilled attorney advocates for maximum compensation, negotiating on your behalf to cover all your losses.
  • Gathering and Preserving Evidence
    Collecting accident scene evidence, witness statements, and accident reports is crucial. Lawyers have the resources to handle this process efficiently and accurately.
  • Maximizing Compensation
    Beyond medical bills, your attorney will work to secure compensation for lost wages, long-term rehabilitation, emotional distress, and other damages. This thorough approach ensures you receive the support necessary to recover.

Arnold Law Firm has a proven track record in motorcycle accident cases, helping clients navigate complex legal challenges and achieve successful outcomes. With their expertise, clients can confidently face their recovery, knowing their legal rights are protected.

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Common Motorcycle Accidents in Sacramento

When you search for a motorcycle accident lawyer in Sacramento, look for a law firm that has either managed a case similar to yours or has handled cases involving a wide variety of motorcycle collisions, such as:

  • Rear-end crashes at intersections – These accidents happen when a driver is approaching an intersection and crashes into the rear of a motorcycle. The impact can knock the rider off of their bike, potentially leading to severe or life-threatening injuries.
  • Right-of-way collisions – These occur when a motorist crashes into you when you have the right of way. One type of right-of-way collision occurs when a car changes lanes and crashes into you. Another type is when a car pulls out of a parking lot or side street and hits a motorcyclist who is passing by.
  • Parked-car accidents – These often occur in downtown areas where there are parallel parking spots next to active lanes of traffic. A driver opens his or her car door without checking to see if any traffic is coming and the motorcyclist crashes into the door.
  • Left-turn accidents – These accidents are often fatal. They occur when a motorcyclist is passing through an intersection and a driver heading the opposite way attempts to make a left turn in front of the motorcyclist.

Injuries from Motorcycle Collisions

Motorcycle crashes like the ones mentioned above often lead to severe injuries because motorcycles do not have seat belts, airbags or other safety protections like regular passenger vehicles. Motorcycle jackets, helmets and gloves are designed to protect the rider, but have limited effectiveness with collisions involving higher speeds and impact.

Motorcycle injuries can include:

  • Broken bones, particularly in the arms and legs
  • Spine and back injuries, like quadriplegia or paraplegia
  • Road rash
  • Concussion
  • Orthopedic problems, including torn ligaments
  • Disfigurement
  • Traumatic brain injuries
  • Head injuries
  • Lost limbs
  • Internal injuries

These and many other motorcycle accident injuries could require extensive, ongoing treatment before you have a chance of returning to your level of health before the crash.

If you have reason to believe your accident and injuries were caused by another driver’s negligence, contact our motorcycle accident attorneys in Sacramento for a free, no obligation legal consultation.

Fill out a Free Case Evaluation form today to start the legal process.

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Contact Our Sacramento Motorcycle Accident Lawyers Today

Have you or someone that you love suffered a serious motorcycle accident injury due to the negligence of another motorist? Deciding to ride a motorcycle does not mean you have agreed to pay for someone else’s mistakes.

The team of highly trained attorneys at the Arnold Law firm can help you pursue fair compensation for medical costs and other expenses. We have decades of experience helping personal injury victims throughout Sacramento and have won millions in successful verdicts and settlements for our clients.

To find out how we can help, please contact us today. There is no obligation for the initial case review and we work on a contingency basis, which means if we agree to fight for your legal rights, you will pay a fee only if we recover compensation.

Fill out a Free Case Evaluation form today or call us at (916) 777-7777.

LATEST NEWS

Treble Damages in California Trucking Cases

California law provides a specific statutory remedy for victims injured by impaired commercial vehicle drivers when their employers fail to meet federal safety requirements. Understanding when treble damages apply—and how they differ from standard punitive damages—is crucial for truck accident victims seeking maximum compensation. What Are Treble Damages? Treble damages allow injured parties to recover three times their actual damages under specific legal circumstances. In California trucking cases, this remedy is narrowly defined and differs significantly from general punitive damages available in other personal injury cases. California Civil Code § 3333.7: Statutory Treble Damages Requirements for Recovery Under California Civil Code § 3333.7, injured parties may recover treble damages from a commercial motor vehicle driver’s employer when all of the

California Trucking Accidents: Standards of Care

California law establishes different standards of care for trucking operations depending on the type of service provided. While most commercial trucking companies transporting freight are subject to ordinary negligence standards, federal motor carrier safety regulations impose enhanced duties that can significantly affect liability in truck accident cases. Key Takeaways: Commercial carriers of goods generally DO NOT have the duty of “utmost care” Federal Motor Carrier Safety Regulations (FMCSRs) DO create heightened standards in specific situations Large truck drivers must exercise greater caution than ordinary motorists Licensed motor carriers have nondelegable safety duties Common Carrier Standard: When Does “Utmost Care” Apply? The Enhanced Duty for Passenger Transportation California Civil Code section 2100 requires carriers of persons for reward to use “the

Punitive Damages in California Personal Injury Cases

What Are Punitive Damages? Punitive damages are extra money a court can order a wrongdoer to pay, on top of the money that compensates an injured person for medical bills, lost wages, and pain and suffering. The main goal of punitive damages is not to repay the victim, but to punish especially bad behavior and to discourage similar conduct in the future. Think of punitive damages as a financial penalty for conduct that is much worse than ordinary carelessness. In California, punitive damages are not common. They are reserved for cases where the defendant’s conduct is particularly harmful, intentional, or shows a conscious disregard for the safety or rights of others. Most personal injury cases involve simple negligence (for example,

Settlement - $3,900,000

Car Accident

The fatal collision between plaintiff’s Jeep Liberty and defendant’s Volvo truck left Ryan Eisenbrandt’s surviving wife and parents with a judgment of $3.9 million, but the defendant’s insurance company refused to pay. This resulted in a second, intense legal battle between Plaintiffs and Defendant’s insurance company.

During the pendency of the wrongful death case, Defendant’s insurance company had filed a federal court action to rescind the defendants $1,000,000 insurance policy, claiming that defendant had made misrepresentations when applying for that policy. Initially, the federal court agreed with the insurance company, granting summary judgment that effectively denied recovery to the Eisenbrandts given the defendant was otherwise insolvent. The Arnold firm and the Eisenbrandts refused to accept this unfair outcome. They appealed the federal judge’s ruling to the Ninth Circuit Court of Appeals. The Ninth Circuit reversed the lower court and sent the case back to the same federal judge for a trial on the merits.

Christine Doyle of the Arnold Firm tried the case in February 2011 in front of the same judge who had previously thrown out the Eisenbrandt’s case. A unanimous advisory jury and the trial judge, after hearing the true facts about the insurance company’s effort to avoid responsibility, found in the Eisenbrandts favor. After four years of fighting for what is right, the insurance company was ordered to pay up.

Settlement - $8,000,000

Truck Accident

Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm

Late one spring afternoon, the Arnold Law Firm received a call from Angela, a young mother of three. She was calling from the hospital where her husband Christopher had been air-lifted for treatment of severe injuries from a tragic motor vehicle accident earlier that day. Angela’s mother, a past client of our firm, had encouraged her to give us a call.

As it turns out, Angela’s prompt contact with us was a very important decision for their family. Immediate representation allowed our team to secure critical evidence right away — appropriate storage and analysis of the vehicle to avoid tampering, timely professional photography of the scene, and interviews of involved parties — which ended up being imperative to the details of Christopher’s case.

A commercial vehicle had failed to stop at a rural stop-sign intersection, colliding with the compact sedan driven by Christopher, an active 33-year-old father. The impact caused extensive damage to his spinal cord in the cervical area. Despite multiple surgeries, rehabilitation programs for physical and psychological therapy, and in-home care, his injuries rendered him a paraplegic, paralyzed from the mid-chest. In an instant, life as he had known it was gone forever.

At the time of the accident, the at-fault driver of the commercial vehicle was acting within the scope of his employment with a large corporation. With the employer being directly liable, as such, defense counsel fought hard to minimize Christopher’s damages, claiming that his being unemployed at that time devalued his losses. Our legal team made sure Christopher’s true losses were represented, including his potential income, his options and mobility, his ability to provide for and support his family, and the lifetime of care he now needed. Christopher’s injuries also dramatically affected his spouse’s daily life, resulting in a claim on her behalf.

Furthermore, the extent of Christopher’s injuries were, in part, due to defects involving the dual-restraint system in his own vehicle. Despite the manufacturer’s efforts to deny any responsibility, the Arnold Law Firm established negligence relevant to his case.

The result was a settlement of $8 million — the largest pre-trial settlement for this type of case in the region. Christopher now has the resources to receive the ongoing care he now requires, improve the quality of his life and take care of his young family.

Verdict - $10,200,000

Motorcycle Accident

The Arnold Law Firm is pleased to report that our attorneys received a $10.2 million verdict handed down in Modesto. Defense counsel was Kevin Cholakian of San Francisco. The defense rejected a 998 within the $1 million policy limits three years ago. The highest defense offer was $350k.

The case involved a blind corner dirt fire road collision between a truck driven by the defendant and a motorcycle driven by the plaintiff Dan Nixon. THe plaintiff had no recollection of the collision. The defendant claimed that the plaintiff had too much speed for the corner and lost control. The plaintiff’s son (who identified the wrong curve in discovery) claimed that the defendant was on the wrong side of the curve, causing his dad to make an unsuccessful emergency maneuver. The jury assessed 70% fault to the defendant and 30% to plaintiff.

The plaintiff, now 50-years-old, suffered a dislocated right knee with popliteal artery rupture which has left him with an unstable knee, and permanently damaged lower leg. Because of vascular damage he is not a candidate for knee reconstruction or replacement. The plaintiff’s treating doctors testified that he will require an above knee amputation within 20 years. Past lost wages were $78,000 and past medicals were $570,000. The jury awarded $7.5 million in general damages (3 m. past and 4.5 m. future) as well as all future economic damages asked for by the plaintiff. The jury deliberated for 3 and a half hours.

Settlement - $17,000,000

Data Breach

Infinity/Kemper Class Action Data Breach Settlement Attained by the Arnold Law Firm

The Arnold Law Firm, along with co-counsel at Morgan & Morgan, and Mason, Lietz, & Klinger, and Wolf, Haldenstein, Adler, Freeman, & Herz LLP, reached a settlement in the Kemper and Infinity data breach class action lawsuit, also known as Irma Carrera et al. v. Kemper Corporation and Infinity Insurance Company, filed in the United States District Court Northern District of Illinois, Case No. 1:20-cv-01883. The settlement is valued at over $17 million.

The Honorable Judge Martha M. Pacold granted Preliminary Approval of the settlement on October 27, 2021.

In addition to substantial injunctive relief, the class members will receive access to Aura’s Financial Shield Services for a period of 18 months, up to $10,000 for reimbursement of documented out-of-pocket losses reasonably traceable to the Data Breach, up to 3 hours of time spent remedying issues related to the breach at $18 per hour, and $50 for Class Members who are California residents.

History of the data breach: On April 8, 2021, the Arnold Law Firm and Wolf, Haldenstein, Adler, Freeman, & Herz LLP filed the first class action complaint against Kemper and Infinity in the United States District Court for the Northern District of Illinois entitled Irma Carrera Aguallo et al. v. Kemper Corporation and Infinity Insurance Company, Case No. 1:21-cv-01883. The complaint asserted claims against Defendants for: (1) negligence; (2) negligence per se, (3) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices, (4) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices, (5) violation of the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code § 1798.100, et seq., (6) violation of California’s Consumers Legal Remedies Act, Cal. Civ. Code § 1750, et seq., (7) violation of Florida’s Deceptive and Unfair Trade Practices Act, Florida Statute § 501.201, et seq., (8) breach of implied contract, (9) declaratory judgment, and (10) unjust enrichment arising from the data breach.

Settlement - $18,276,000

Qui Tam / Whistleblower

Whistleblowers Represented by Arnold Law Firm Expose Fraudulent Practices by the Pill Club, Case Settled With California DOJ

The Arnold Law Firm and the Hirst Law Group represented two whistleblowers who helped expose fraudulent practices by a start-up online pharmacy company called The Pill Club.

The company allegedly used fraudulent practices to bill California’s Medicaid program, Medi-Cal, for their services. The Pill Club is also alleged to have violated state laws by allowing nurse practitioners to prescribe contraceptive products to women without proper supervision or training from a licensed medical doctor.

For their part in blowing the whistle on the company they worked for, and as part of California Qui Tam laws, the whistleblowers and their attorneys recovered $4.9 million from the $18.275 million settlement paid to the California Department of Justice (DOJ) and the California Department of Insurance (CDI).

Settlement - $60,000,000

Data Breach

Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm

The Arnold Law Firm, along with co-counsel at Morgan & Morgan, Nussbaum Law Group, P.C. and others, reached a settlement in the Morgan Stanley data breach class action lawsuit, also known as In re Morgan Stanley Data Security Litigation, filed in the United States District Court Southern District of New York, Case No. 1:20-cv-05914-AT. The settlement resulted in a $60 million settlement fund to benefit class members.

The Motion for Preliminary Approval was filed on December 31, 2021 with the Honorable Judge Analisa Torres.

In addition to substantial injunctive relief, the 15 million class members will be provided access to Aura’s Financial Shield services for at least two years, which includes a $1 million insurance policy protecting each subscriber, credit monitoring, identity freezing, dark web monitoring, income tax protection and more services. The fund will also provide payments to people who submit valid claims for out-of-pocket expenses and/or up to four hours of lost-time incurred as a result of the data breach. Lost time allows victims of the data breach to be paid at $25 per hour for up to four hours of attested time spent dealing with the data breach. Out-of-pocket expenses can be claimed up to $10,000 if the costs or expenditures are fairly traceable to the data breach.

History of the data breach: On July 29, 2020, the Arnold Law Firm and Morgan & Morgan filed the first class action lawsuit against Morgan Stanley in the United States District Court for the Southern District of New York entitled Sylvia Tillman et al. v. Morgan Stanley Smith Barney, LLC., Case No. 1:20-cv-05914. The complaint asserted claims against Defendants for: (1) negligence; (2) invasion of privacy; (3) negligence per se; (4) unjust enrichment; (5) violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices; and (6) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.