In August 2004, AI was a front-seat passenger in her aunt HH’s vehicle traveling westbound on 36th Street in Bellevue, Washington. As they approached the intersection and stopped their vehicle for the red light, they were unexpectedly rear-ended by TH. Bellevue Police Department responded to the scene and upon investigation cited TH for “following too close".
Upon impact, AI's body was forcefully jolted and tossed around the inside of the vehicle. Her head was violently whipped forward and then snapped backwards in a whiplash like motion. In addition, her body was slammed against the restraint of her 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 TH's negligence, AI sustained injuries to her neck, back, and associated body structures. A summary of their injuries and treatment is 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.
- Shoulder contusion with pain, tenderness and limited range of motion
- Sleep disturbances/fatigue
She was very healthy before the collision and since then has not as active as she was before. Some of the activities AI was unable to participate in following the collision were soccer, dance, cheerleading, swimming, and tennis. AI still experiences low back pain which interferes with sleep.
In order to help her negotiate a fair settlement, AI hired Seattle personal injury lawyer Chris Davis. Mr. Davis is the founder and principal attorney at Seattle-based Davis Law Group, and has experienced considerable success acquiring reasonable settlements from Allstate Insurance in the past.