In July 2008 at approximately 10:00 p.m. DP was traveling south along Auburn Way South. As she stopped for traffic ahead, DP was unexpectedly struck from behind by AK – an uninsured driver. The impact the pushed her vehicle into the car directly ahead of her, causing a second collision. Auburn Police Department responded to the scene and upon investigation cited AK for “FTC [failure to control] speed / no ins”. (See Exhibit 1 – Accident Report)
DP's vehicle sustained damage exceeding $19,000, indicating the force and impact involved in this collision.
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. AK was negligent when he failed to be attentive while driving a vehicle, watch for traffic ahead, drive responsibly (safe speeds), and otherwise obey the rules of the road. Unfortunately, AK did not have insurance. As a direct result of another driver’s negligence, DP sustained injuries to her head, neck, back, shoulder, and associated body structures.
A summary of her injuries and treatment are outlined below.
- Closed head injury – concussion – with resultant cognitive difficulties, vision changes, and mental disorders/deficiencies
- Cervical strain/sprain and subluxations 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 and subluxations with tenderness, pain, muscle spasms, and limited range of motion (thoracic and lumbar regions) resulting in ligamentous instability and acceleration of spinal disc disease.
- Shoulder pain, tenderness, muscle spasms, and decreased range of motion
- Elbow contusion with resultant pain and increased discomfort with movement
- Leg/thigh contusion with resultant pain and discomfort
- Sleep disturbances/fatigue
She was fairly healthy before the collision and since then has not as active as she was before. She must perform exercises at home on a regular basis just to manage/maintain her symptoms and avoid flare ups. Her return to recreational activities has been slow and guarded for fear of re-injury.
This accident disrupted and changed DP’s life. She never had neck/back or cognitive problems prior to this accident. She was unable to perform her usual everyday tasks such as home maintenance projects and yard work, which include two homes. She has been told she may never return to 100% pre-injury status.
DP is a client of GEICO Insurance company, and spent a very large amount of time in an effort to secure a just and satisfactory financial settlement. To assist him, he hired personal injury lawyer and car 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 that have been in serious car accidents.