Drunk driving accident in Jan. 2005. The accident occurred when the drunk driver was returning home after consuming drinks at the Lucky 7 tavern located in Kirkland, Washington. The drunk driver admitted to consuming at least 4 drinks but possibly 5 over a 2 hour period. The drunk driver lost control of his vehicle and then crossed into the oncoming lane where he struck a vehicle traveling in the opposite direction. Mr. Davis' client, a 25 year-old man, was driving this vehicle. Witnesses reported that the drunk driver was traveling as fast as 50-60 mph in a 25 mph zone.
The Redmond Police Department responded to the scene. Police officers could immediately determine that the driver was impaired. He was arrested at the scene. Later the driver blew a 0.159 BAC (breath-alcohol content). The legal limit is 0.08 BAC.
Mr. Davis' client complained of neck and back pain. He also hit his head in the collision and lost consciousness for several seconds upon impact. The victim had persistent low back pain which ultimately led to surgery. A lumbar MRI showed three herniated discs in the victim's low back. Mr. Davis' client incurred approximately $35,000 for medical treatment related to his low back.
The last offer at mediation was $60,000. The drunk driver's insurance company argued that the plaintiff's herniated disc was caused by his weight (he was 100lbs over weight).