In August 2008 at approximately 4:15 p.m. MT and his daughters were traveling northbound on Interstate 5 just north of Michigan Street in Seattle, Washington. As MT. slowed their vehicle for traffic congestion ahead, they were unexpectedly struck from behind by William Fallon. KK was a front seat passenger. The impact pushed MT’s vehicle forward into the car ahead of him. Washington State Patrol responded to the scene and upon investigation cited Mr. Fallon for DUI. (See Exhibit 1 – Accident Report and property damage photos)
As you may know from your own investigation and depicted in the photos below, extensive damage was done to MT’s vehicle. With over $7,000 in estimated repair costs, the force and impact between the two vehicles is clearly documented. The insurance company ultimately declared the vehicle a “total loss”.
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. WF was negligent when he got behind the wheel after drinking. Furthermore, he failed to be attentive while driving a vehicle, watch for traffic ahead, drive responsibly, and otherwise obey the rules of the road.
MT sustained the following injuries as a result of the accident:
- 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.
- Right wrist injury (hyper-extension) with pain, tenderness, and decreased range of motion
- Left ankle contusion with pain, tenderness, and decreased range of motion
- Exacerbation of prior elbow injury – tennis elbow
- Sleep disturbances/fatigue
MT is a 41 year old man and father of two teenage daughters. He enjoys spending time with his family and friends. Hobbies include reading, sports, music, movies, sailing, snow skiing, racquet ball, and outdoor activities.
MT 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.
MT now seeks damages incurred as a direct result of the injuries he sustained in the accident. In order to ensure that he received sufficient compensation for his medical expenses and loss of enjoyment of life, MT hired Seattle pedestrian accident lawyer Chris Davis.
Mr. Davis is the founder and principal personal injury attorney of Seattle-based Davis Law Group and has had substantial success negotiating with Safeco Insurance claims representatives for just reimbursement and financial compensation. Mr. Davis was able to find many factors in MT's case that supported a substantial non-economic damages claim.