Attorney Elisabeth Swanson of the Goff Law Group in West Hartford. Courtesy photo Attorney Elisabeth Swanson of the Goff Law Group in West Hartford. Courtesy photo

A West Hartford attorney, who secured $2.075 million for the family of a Connecticut motorcyclist killed when a farmer in a pickup truck in Indiana pulled out in front of him, said she was able to secure the settlement because she played hardball with the driver's lawyer.

While $2 million from two of the truck driver's insurance polices were offered soon after negotiations began, plaintiffs attorney Elisabeth Swanson said the family wanted the driver to feel some personal financial pain.

So Swanson, of Goff Law Group, hired a company to do an asset search on the farmer and the business he owned.

After combing through the driver's assets, Swanson demanded that the family of the motorcyclist also be paid an additional $75,000, directly from the truck driver's own bank account.

"The family was aggrieved and had to feel some measure of justice that the farmer would feel the pain," Swanson said Thursday.

The threat of a federal lawsuit helped clinch the $2.075 million settlement, Swanson said. The matter was negotiated pre-suit and no lawsuit was ever filed.

Regarding talks with the farmer's attorney, Swanson said, "I was able to communicate with them that there was the threat of a federal lawsuit and a possible verdict in our favor. They were worried about a federal lawsuit and that we would have gotten a verdict well in excess of the available insurance coverage. That made them want to go into their own pocket and come up with some money. Seventy-five thousand dollars is a lot to come out of a bank account. We were never going to settle unless we had personal contributions."

Swanson declined to identify either driver on behalf of the victim's family, which requested that neither name be used for privacy reasons.

Swanson said the victim, who was in his 40s, was killed along a country road in Indiana in the summer of 2020.

"He took the same trip every summer," said Swanson. "The cyclist had the right of way and the trucker driver, who did not see him, pulled out in front of him. The cyclist died almost instantly."

Swanson said her team heard the 911 calls, got all of the photos from the accident scene, and received the full investigative report from the Indiana State Police. The truck driver was issued an infraction for his driving, but was not charged criminally, Swanson said.

Swanson said the motorcyclist took his safety seriously.

"He was a very safe motorcyclist. He had his riding suit handmade with padding in every joint and he researched the helmet for three months," she said.

Robert Storace

Robert Storace

Robert Storace covers legal trends, lawsuits and analysis for the Connecticut Law Tribune. Follow him on Twitter @RobertSCTLaw or reach him at 203-437-5950.

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