The following is a short summary of a legal case and some questions. Please read the summary and then YOU BE THE JUDGE.

Jerry Smith, a small business owner age 62, was riding his motorcycle on a four lane highway when he was hit by a commercial truck. The truck was changing lanes without properly checking for traffic. The police cited the truck driver for the violation. Jerry Smith sustained significant injuries, including a brain concussion, skull fractures, and a fractured eye socket and cheek bone. Jerry Smith is experiencing headaches, confusion, visual changes, hip pain and behavioral changes. He is currently being evaluated by a brain specialist, known as a neuropsychologist. Jerry Smith has had more than $24,000 of medical expenses.

Now answer the following questions