Earlier this month, a state appellate court issued a written opinion in a motorcycle accident case, discussing the element of causation and the doctrine of intervening cause. Ultimately, the court determined that a third party’s actions acted as an intervening cause, severing the chain of causation set in motion by the defendant’s original allegedly negligent act. Thus, the court dismissed the plaintiff’s case, finding that he was unable to meet a required element.
The plaintiff was riding his motorcycle when he rounded a corner and saw a motor home stopped in his lane of traffic. Unable to safely stop in time to avoid the motor home, the plaintiff was injured when he lost control and skidded out.
As it turns out, the motor home was waiting in a traffic jam that had formed in the wake of another accident that had occurred about 90 minutes before. That accident was caused when an allegedly drunk motorcyclist entered into the turn too quickly, lost control of the bike, and drove off the road. That motorcyclist was pronounced dead on the scene. Highway patrol had responded and was in the process of clearing the scene when the plaintiff’s accident occurred.