The U.S. Court of Appeals for the 7th Circuit recently handed down a decision reenforcing the importance of not making statements regarding fault following motorcycle accidents. In the case, Jordan v. Binns, et al. U.S. Ct. App. 7th Cir. (2013) case no. 11-2134, a woman who lost both of her legs in a motorcycle accident appealed a jury verdict finding that she was responsible for causing the collision, not the other driver.
The accident occurred when the motorcyclist was traveling on an interstate, and collided with a tractor-trailer while coming around a turn. The driver of the tractor trailer was driving in the center lane through a right hand curve. The motorcyclist, who had been riding in the right lane was thrown to the pavement, and as a result lost both of her legs at the knees.
According to the driver of the tractor-trailer, he ran up to the motorcyclist following the collision, and in between screams, she repeatedly said that the accident was her fault. She reportedly said the same thing to her husband, who arrived shortly after the accident, and spoke with state police. A state police officer quoted both the driver of the truck and the woman’s husband in his report regarding her admission of responsibility for the accident. An insurance adjuster had a similar report.