City of Williams Settles Lawsuit Over Motorcyclist Struck by Police Officer
The City of Williams, Arizona has settled a $2.3 million lawsuit filed by the family of a Mesa man who was struck and killed by a policeman’s vehicle while riding his motorcycle on Highway 64. James Innes was hit by the police officer on May 20 when the officer, Brandon Hernandez, attempted a U-turn and apparently did not see Mr. Innes. Officer Hernandez was issued a traffic citation, but no charges were filed.
This case illustrates two important issues for motorcycle riders. First of all, it once again shows how susceptible motorcyclists are to accidents when inattentive drivers do not notice them. An internal investigation by the police department determined that the accident was “avoidable,” meaning Officer Hernandez did not exercise proper care and discretion before attempting his U-turn. It requires extra effort and attention to see a motorcycle, which Officer Hernandez apparently did not demonstrate. In addition, since Officer Hernandez was on duty and in a police department vehicle at the time of the accident, this means that the city of Williams, and not Officer Hernandez personally, was the responsible party for the accident. This is why Innes’ family filed suit against the city and not Officer Hernandez. Filing suit against a government agency for a traffic accident caused by one of their vehicles can be a difficult and confusing process, and you need an experienced attorney on your side to do so.
