In December 2007 at approximately 4:20 p.m. JS was traveling northbound on Interstate 5 when he was unexpectedly struck from behind by SY. Washington State Patrol responded to the scene and upon investigation cited SY for DUI. Independent witnesses reported seeing SY swerving and on her cell phone just prior to the collision. (See Exhibit 1 – Accident Report).
Washington Law For Drunk Driving
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 SY’s negligence, JS sustained injuries to his neck, back, and associated body structures.
The injuries JS sustained are listed below:
- Cervical strain/sprain with in tenderness, pain, muscle spasms, and limited range of motion. Whiplash injury with resultant ligamentous instability and acceleration of spinal disc disease.
- Back pain with tenderness, aches, muscle spasms, soreness, tightness with resultant ligamentous instability and acceleration of spinal disc disease.
- Sleep disturbances/fatigue
JS is a 33 year old married man who enjoys spending time with his family and friends. Hobbies include skiing, walking his dogs, golfing, music, movies, and various outdoor activities.
Injuries & Damages From Accident
After his accident, JS has experienced, and continues to experience, a significant loss of enjoyment of life. He was fairly healthy before the collision and since then has not as active as he was before. He must perform exercises at home on a regular basis just to manage/maintain his symptoms and avoid flare ups. His return to recreational activities has been slow and guarded for fear of re-injury.
JS did nothing to contribute to the cause of the crash and could do nothing to avoid the collision. In an effort to seek the appropriate level of compensation for his medical expenses and loss of enjoyment of life, JS hired Seattle car accident attorney