FAILURE TO LEAD TO THE RIGHT-OF-WAY CASE ANALYSIS
FACTS OF THE CASE:
Plaintiff was driving his Mitsubishi Mirage (a 2 door coupe) southbound on an avenue. Defendant was driving her Toyota sedan, exited her residence private driveway onto the avenue and darted into traffic on the avenue, striking Plaintiff’s vehicle. 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 driveway striking Plaintiff’s vehicle and caused this accident in violation of Vehicle Code section 21804. Defendant’s insurance carrier, Progressive, has already paid for Plaintiff’s property damage, which was a total loss.
NATURE AND EXTENT OF DAMAGES:
Plaintiff suffered injuries to his neck, upper and lower back, as well as both shoulders as a result of this collision. The day after the accident he sought treatment from a doctor. The doctor conducted a full exam, and his diagnostic impressions were: acute musculoligamentous sprain of the cervical spine, acute musculoligamentous sprain of the dorsal spine, acute musculoligamentous sprain of the lumbosacral spine, acute right shoulder sprain, and acute left shoulder sprain. Based on said diagnoses, Plaintiff received physical therapy as per doctor recommendations.
Plaintiff continued to have constant pain in his upper and lower back and was therefore referred to an orthopedic specialist. The pain increased with attempts of prolonged sitting and standing, rising from a chair, getting in and out of the car, and performing the activities of daily living.
RESIDUAL SYMPTOMS AND ADDITIONAL ITEMS:
Plaintiff still has bouts of severe lower and upper back pain. The specialist recommended that Plaintiff undergo a series of three epidural injections at a cost of $5,000.00 each for a total of $15,000.00. He further indicated that if the injections are not effective, Plaintiff will require laminectomy and diskectomy at the L5/S1. The cost of surgery including surgeon fees, surgery center, and anesthesiologist fees is estimated to be between $40,300.00 and $49,400.00. Plaintiff has not undergone the injections since he has no health insurance and the cost of these injections are cost prohibitive. Plaintiff is unable to lift as he was able to before the accident; he has altered his movements so as to avoid pain.
It is also important to note that Plaintiff never had any prior neck or back pain or related injury and as a young man, if the injections don’t help him, the recommended surgery will be followed.
Ari Friedman
Personal Injury Lawyer
Afriedman.com