DC is a 42 year old man who enjoys spending time with his family and friends. Hobbies include reading, sports, movies, scuba diving, water skiing, hunting, and outdoor activities. In January 2008 DC was on his way to an appointment as part of his employment, traveling southbound in Interstate 5 near Kent, Washington. As he exited the highway and slowed his vehicle, DC was unexpectedly struck from behind by SA. Washington State Patrol responded to the scene and upon investigation cited SA “DUI”.
Serious damage was done to the rear of DC’s car. With estimated repair costs exceeding $3,000, the force and impact between the two vehicles is clearly documented. Later DC’s vehicle was written off by the insurance company as a “total loss”.
DC did absolutely nothing to contribute to the cause of the car crash and could do nothing to avoid the collision. Washington law provides that the drivers on the road have the duty to not operate a motor vehicle when under the influence of alcohol. See RCW 46.61.502. SA was negligent when she failed choice to drive a vehicle after consuming so much alcohol. Due to the effects of alcohol she could not be attentive while driving a vehicle, watch for traffic ahead, drive responsibly, or obey the rules of the road.
During the impact of the car accident collision DC’s body was violently thrown around the inside of his car. As a direct result of SA’s choice to drive a car while intoxicated DC suffered injuries to his neck, back, shoulders, and other body structures. A summary of his injuries and treatment are outlined below.Injuries:
• Cervical strain/sprain and subluxations with tenderness, pain, muscle spasms, and limited range of motion. Whiplash injury with resultant ligamentous instability and acceleration of spinal disc disease.
Diagnosis – 847.0; 839.08; 739.1; 728.85
• Back strain/sprain and subluxations with tenderness, pain, muscle spasms, soreness, tightness, and decreased range of motion (thoracic and lumbar regions) with resultant ligamentous instability and acceleration of spinal disc disease. MRI revealed multiple disc protrusions at the thoracic level.
Diagnosis – 847.1; 847.2; 724.1; 722.11; 839.20; 839.21; 739.2; 739.3; 728.85
• Shoulder (left) pain, tenderness, muscles spasms and decreased range of motion
Diagnosis – 719.41; 728.85
Diagnosis – 784.0
• Sleep disturbances/fatigue
Diagnosis – 780.50; 780.79
DC asked SA’s insurance company, Progressive Insurance, to pay for medical bills, lost wages, and other damages that were are a result of the drunken driving accident. Ultimately, DC had to hire drunk driving accident victim attorney Christopher M. Davis to handle the claim and settlement negotiations.