CASE ANALYSIS OF COLLISION CAUSED BY CAR BACKING UP
FACTS OF THE CASE:
Plaintiff was driving her SUV northbound in an alley at a speed no more than fifteen miles per hour. Defendant, driving a sports sedan, backed out of his private garage and into the alley. Plaintiff had no time to stop and was struck by the right rear of Defendant’s vehicle. Plaintiff sustained injuries as a result of this collision and sought medical care as outlined below.
Plaintiff was traveling under the fifteen mile per hour speed limit and was already slowing down approaching the avenue which was only two properties away from the end of the block. Plaintiff’s view was obstructed by the wall of the garage from which Defendant was backing from. It is the duty of the driver that is coming from a private garage to make sure to yield the right of way and that it is safe before entering the road, as stated in Cal. Vehicle Code §21804(a), failure to “yield the right of way” from an alley and §22106, unsafe backing.
NATURE AND EXTENT OF DAMAGES
Plaintiff suffered trauma to her head, neck and upper and mid-back pain as a result of this collision. Her head injury resulted in constant throbbing headaches with dizziness. Following the accident she sought treatment from a doctor. Based on said diagnoses, Plaintiff received physical therapy.
Due to Plaintiff’s complaints of dizziness and headaches she was referred by her doctor to a neurologist. He diagnosed Plaintiff with post traumatic dizziness and headaches, cervical sprain, and dorsolumbar sprain. He ordered an MRI of the C-Spine as well as electrodiagnostic studies which was very painful for Plaintiff. Plaintiff returned several months later for re-examination by her doctor and still complained of a number eight out of ten on a pain scale.
RESIDUAL PAIN AND FUTURE MEDICAL BILLS
Plaintiff is still suffering from neck pain as well as recurring headaches and dizziness. She is unable to sit at her computer for prolonged periods. Additionally, Plaintiff is no longer able to babysit her grandchildren. Driving for prolonged periods and performing simple household tasks are still difficult and painful. Plaintiff will follow up an Orthopedic Specialist, for her residual symptoms.
THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!
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