Car Accident Report: Driver Rear-Ended on Highway 99

In March 2005, DM was stopped for traffic on the ramp to Highway 99 south at Elliot and Blanchard in Seattle, Washington. As he sat in traffic, he was unexpectedly rear-ended by CD. DM called the police, however, after waiting for two hours, he decided to leave when they failed to respond.

Upon impact, DM’s body was forcefully jolted and tossed around the inside of the vehicle. His head was violently thrown forward and then snapped backwards in a whiplash like motion, bluntly striking against the steering when and then the headrest. In addition, DM’s body was slammed against the restraint of his seat belt.

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. As a direct result of CD’s negligence, DM sustained injuries to his head, neck, back, and associated body structures. A summary of his injuries and treatment are outlined below:

  • Cervical strain/sprain and spinal subluxations with tenderness, pain, muscle spasms, and limited range of motion. Whiplash injury resulting in acceleration of spinal disc disease and ligamentous instability.
  • Back strain/sprain and spinal subluxations with tenderness, pain, muscle spasms, and limited range of motion (thoracic and lumbar regions). Resultant acceleration of spinal disc disease and ligamentous instability.
  • Post concussion syndrome – contusion to front of head resulting in symptoms to include headache and lightheadedness
  • Headaches
  • Sleep disturbances/fatigue
DM is a 31 year old married man who enjoys spending time with his family and friends. Hobbies include weight lifting, running, home remodeling, and spending time outdoors.

DM has experienced, and continues to experience, a significant loss of enjoyment of life. He was fairly healthy before the collision and since then is not as active as he was before. Home projects and regular work-out routines were placed on hold for over a year. When returning to these activities, DM has acted with caution in an effort not to aggravate any of his injuries/symptoms. DM still has limited movement when he tilts his head left (left ear to left shoulder). There is a pulling of the neck muscle on the right side. The muscle is always tight and nothing seems to loosen it up. DM cannot tilt his head left as far as he can when he tilts it right. Sitting for long periods of time is also uncomfortable. DM works in an environment where he has to sit in front of a computer for 8 hours a day. Many times at the end of the day DM finds it difficult to do his work because he is very uncomfortable.

After trying to negotiate with Safeco Insurance and its experienced claims representatives for a fair settlement amount based on his medical expenses and loss of enjoyment of life, DM hired prominent Seattle car accident attorney and personal injury lawyer Chris Davis. Mr. Davis is the founder and principal attorney of the Davis Law Group and has had substantial success working with his clients to negotiate reasonable financial settlements with major insurance companies, despite meeting resistance from most claims representatives.