Accident Report: Rear End Accident on Northbound I-405

In May 2003, at approximately 8:00 a.m., BF was driving her 2002 Mini Cooper in the northbound lanes of Interstate 405. At or near mile post 13.00, BF slowed and stopped her vehicle for traffic. She was then suddenly slammed from behind by LF.

LF driving a Toyota Sienna Van. The force of the impact was significant enough to propel BF’s vehicle into a spin. While spinning, BF’s vehicle was forced into the jersey barrier.

This car crash was fairly significant. It caused substantial damage to BF’s vehicle. The amount of repairs to BF’s vehicle exceeded the sum of $ 20,200.00.

BF suffered personal injuries as a result of the collision.

BF is 31 years-old. She lives with her partner Steve in Issaquah, Washington.

BF is employed full time as a 911 Analyst. In her spare time BF enjoys traveling, spending time with her dogs and maintaining her three acre property in Issaquah.

Washington law provides that the following driver has the duty to avoid a collision with the driver in front. See Washington Pattern Jury Instruction (WPI) 70.04.

BF did nothing to contribute to the cause of the crash and could do nothing to avoid the collision.

BF sustained the following injuries in this accident:

Right thumb contusion status post motor vehicle accident.
Left knee contusion status post motor vehicle accident.
Cervical strain status motor vehicle accident.

An injured claimant is entitled to recover money for non-economic damages incurred, defined as subjective, non-monetary losses, including but not limited to, pain, suffering, disability, disfigurement and loss of enjoyment of life experienced and with reasonable probability to be experienced in the future. See WPI 30.05; RCW 4.56.250.

The term “disability” includes not only the incapacity to work but also impairment of the injured person’s ability to lead a normal life. Parris v. Johnson, 3 Wn.App. 853, 859-60, 479 P.2d 91 (1970).

Washington law defines pain and suffering as both mental and physical, and shall include all subjective non-monetary losses, including but not limited to, inconvenience, mental anguish, and emotional distress, that has been experienced and with reasonable probability to be experienced in the future. See WPI 30.01; WPI 30.05; RCW 4.56.250.

BF had no liability for causing this collision. She suffered injuries that have been clearly documented in the medical records. She had genuine complaints, was compliant with treatment, and showed no signs of malingering or secondary gain. With all of the difficulty this incident has caused, including our client’s painful injuries (most of which continue), we believe her claim for damages is considerable.

BF suffered considerably as a result of this incident. In the collision, BF experienced tensing in her neck and shoulders. BF experienced severe complaints of pain and disability for several months following the collision. She continues to experience residual symptoms from her injuries. The medical records show that this incident caused a major disruption to her daily and leisurely activities.

The “loss of enjoyment of life” is defined to mean the loss of the ability to enjoy the pleasures and amenities of life, including ones vocation or avocation. Wooldridge v. Woolett, 96 Wn.2d 659, 638 P.2d 566 (1981).

BF suffered considerable loss of enjoyment of life by having to experience constant and continuous pain and discomfort as a result of her injuries. BF was forced to hire contractors to help with the landscaping work on her property that she was fully capable of doing before the collision. BF cannot walk for more than 20 minutes before she experiences severe pains in her neck and back. Due to her pain, BF has been unable to travel and be physically active in her daily life at home.

All of the above-stated factors support a large non-economic damage claim.

We have calculated BF's damages as follows:

Past Medical $ 4,945.47
Other: mileage $ 1,293.44

Total Special Damages $ 6,238.91

Non-economic damages: pain and suffering,
loss of enjoyment, disability, disfigurement $65,000.00

Total Special and General Damages $74,238.91

After the accident took place, BF sought the legal help of a car accident attorney and chose to hire Davis Law Group founder Chris Davis and his team. Davis was able to explain BF's legal options, provide her with peace of mind throughout the process and finally deliver a fair financial settlement.

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