Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Verdicts & Settlements / Motorcyclist struck by pickup wins settlement

Motorcyclist struck by pickup wins settlement

A 53-year-old Kansas City motorcyclist who needed multiple surgeries and missed several months of work after colliding with a pickup truck last September has settled a claim with the other driver’s insurer for $1.25 million.

J. McCune was riding his 2013 Harley-Davidson in the outer lane of eastbound NE Barry Road in Clay County when he was hit by a westbound 1998 Dodge Ram 1500 as it attempted to turn left onto southbound North Oak Trafficway, according to a Kansas City Police Department report.

McCune told police that the pickup stopped in the intersection after entering his lane of travel, but he was unable to avoid crashing into the front of the truck. After the collision, the motorcycle continued east before running off the side of the road and striking the curb and then a utility pole.

Pickup driver J. Hicks, 54, of Kansas City, told police that she entered the intersection with a flashing yellow light but did not see the motorcyclist. A witness told police that McCune’s vision was likely obscured by a truck pulling a trailer that was forced to stop in the inside eastbound lane after Hicks’ pickup had pulled into the intersection.

McCune, a Ford Motor Co. worker who landed on his face, suffered facial cuts as well as open fractures of his distal tibia and fibula as well a left closed distal radius fracture, said lead plaintiff’s attorney Ben Schmitt. His client incurred more than $120,000 in medical bills and more than $33,000 in lost wages and was unable to walk for several months, the attorney said.

Records provided by Schmitt show that Hicks’ insurer, American Family Insurance, agreed to pay the settlement in early February.

$1.25 million settlement

Motor-vehicle collision

Venue: Clay County

Case Number/Date: Not filed/Feb. 2, 2019

Injuries: leg, knee, ankle, foot

Special damages: $120,505 in medical bills, including $42,000 in paid medical expenses; $33,236 in lost wages

Insurer: American Family (for Hicks)

Caption: J. McCune v. J. Hicks

Plaintiff’s attorneys: Ben Schmitt, Josh Scott and Nick Templin, Schmitt Law Firm, Kansas City