In August 2007 LP was traveling westbound on N. 45th Street in Seattle, Washington when he was unexpectedly cut off by NF, who had entered the roadway from a side street. NF entered N. 45th directly in front of LP, leaving him no time to swerve or evade the collision. He instinctively hit his brakes, but then went into a slide, resulting in him being ejected over the handlebars and landing the ground below. Seattle Police Department responded to the scene and upon investigation cited NF for failure to yield at stop sign. (See Exhibit 1 – Accident Report).
Substantial damage was done to LP’s motorcycle, clearly documenting the force involved in the collision. The property damage estimate exceeds $8,000.00 and the GEICO Insurance ultimately declared the bike a “total loss”.
Washington law provides that the drivers on the road have the duty to exercise ordinary care and avoid causing a collision. See RCW 46.61.445 and Washington Pattern Jury Instruction (WPI) 70.01. NF was negligent when he failed to be attentive while driving a vehicle, watch for traffic, drive responsibly (yield to other vehicles), and otherwise obey the rules of the road. As a direct result of NF’s negligence, LP sustained injuries to his neck, back, teeth, foot, hand, mouth, and associated body structures.
A summary of his injuries and treatment are outlined below.
- Fractured fibula (right) resulting in pain, tenderness and limited range of motion. Long leg splint required
- Dislocation/fracture of ankle (right) resulting in pain, tenderness and limited range of motion – orthopedic boot required
- Dislocated middle finger (left) resulting in pain, tenderness and limited range of motion. Corrective surgery required.
- Hand (right) sprain/strain with pain, tenderness and decreased range of motion
- Cervical strain/sprain with in tenderness, pain, muscle spasms, and limited range of motion. Whiplash injury with resultant ligamentous instability and acceleration of spinal disc disease.
- Back strain/sprain with tenderness, pain, muscle spasms, and limited range of motion (thoracic and lumbar regions) resulting in ligamentous instability and acceleration of spinal disc disease.
- Knee (right) contusion with pain, tenderness and increased discomfort with movement
- Multiple contusions and abrasion over body resulting in overall pain and discomfort
- Multiple chipped teeth – lower front
- Two black eyes from impact to face
- Headaches – severe, tension
- Sleep disturbances/fatigue
LP has experienced, and continues to experience, a significant loss of enjoyment of life. He was fairly healthy before the collision and since then has not as active as he was before. He must perform exercises at home on a regular basis just to manage/maintain his symptoms and avoid flare ups. His return to recreational activities has been slow and guarded for fear of re-injury.
This accident disrupted and changed LP’s life. He never had leg, ankle, or hand problems prior to this accident. He was unable to perform his usual everyday tasks such as home maintenance projects and yard work or maintain his health via jogging.
LP has a permanent clawing injury to his left hand middle finger as you can see from the enclosed photos. His finger continues to bother him two years post collision.
LP was a client of GEICO Insurance company, and invested large amounts of time in an effort to secure a reasonable and fair financial settlement. To assist him, he hired personal injury lawyer and motorcycle accident attorney Chris Davis. Mr. Davis is the founder and principal attorney at the Davis Law Group in Seattle, and has a successful history of securing just financial compensation for his clients.