CAR COLLISION CASE ANALYSIS
FACTS OF THE CASE:
Plaintiff was driving his Lexus sedan southbound in a single lane street, with plaintiff number 2 as a passenger. Defendant was parked in her Nissan facing southbound . As plaintiffs’ vehicle was coming towards a stop at the intersection , Defendant attempted to exit the parking area and make a left turn, causing a collision between the two cars. Defendant was in violation of Vehicle Code Section 21804 – Failure to yield the right-of-way when driver enters a highway from any public or private property.
LIABILITY
Defendant darted into traffic from a private illegal parking area (red painted curb) striking plaintiff’s vehicle and solely caused this accident in violation of Vehicle Code section 21804.
NATURE AND EXTENT OF DAMAGES
Plaintiff number 2 suffered trauma to his neck, back, and left shoulder as a result of this collision. Following the accident he sought treatment from a doctor, and his diagnostic impressions were: Acute pain due to trauma, cervicocranial syndrome, cervical neuralgia, and cervical spine sprain. Based on said diagnoses, plaintiff received physical therapy.
Plaintiff number 1 had the following symptoms as a result of the accident: headaches, dizziness, insomnia, “bitter taste in her mouth”, neck pain and stiffness, chest pain, paint to the right elbow, nausea, vomiting, low back pain and stiffness, upper back pain and stiffness, left foot pain. She sought treatment from a doctor who conducted a full exam. His diagnostic impressions were: Lumbar spine sprain; Cervical spine sprain; Post traumatic headache; Cervicocranial syndrome; Lumbar plexis disorder; Lumbago; Lumbosacral sprain; Elbow sprain; Left foot sprain; Coccygeal sprain; Concussion.
Plaintiff received physical therapy from the doctor’s office and was referred to a Neurological Specialist, for her concussion symptoms. The specialist ordered an MRI and additional diagnostic testing. Due to her injuries, plaintiff was forced to walk with a limp on her left leg. Her pain has not subsided to date and is still classified as moderate to major pain. Plaintiff is scheduled to see an Orthopedic Specialist as well.
CONCLUSION:
This case was settled out of court, and the client got the money they deserved!
Ari Friedman
Personal Injury Lawyer
Afriedman.com