This case involves a wrongful death suit in which the plaintiff-decedent was driving a motorcycle at a high rate of speed. The plaintiff was also carrying a passenger. As the plaintiff and his passenger went over a 4 lane bridge, the defendant-decedent was driving a pickup truck and pulled out in front of the motorcycle after driving through a stop sign. The plaintiff applied his brakes for 100 feet, but he was unable to avoid the pickup truck. The plaintiff’s motorcycle struck the side of the defendant’s pickup truck, killing the defendant-driver, the plaintiff-motorcyclist and the motorcycle’s passenger.
The auto insurance company insured all parties and made the determination that the plaintiff-motorcyclist was grossly at fault, given the plaintiff’s high speed at which the motorcyclist was traveling (45 MPH). In light of this determination, the insurance company refused to pay for the life insurance policy. The insurance ntwork company retained an expert in vehicle accident reconstruction.