In June 2007 at approximately 2:24 a.m., GI and his wife CI were traveling westbound on Interstate 90 when they were unexpectedly struck from behind by PV. The impact caused their vehicle to spin out of control, crash into an embankment, and flip over coming to rest upside down in the ditch. GI was driving while his wife was in the front seat passenger. Washington State Patrol responded to the scene and upon investigation cited PV for driving under the influence. (See Exhibit 1 – Accident Report and Property Damage Photos).
Substantial damage was done to GI and CI's vehicle, clearly documenting the force involved in the car accident. The insurance company ultimately declared their vehicle a “total loss”.
Substantial damage was done to GI and CI's vehicle, clearly documenting the force involved in the car accident. The insurance company ultimately declared their 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. As a direct result of your insured’s’ negligence, GI and CI sustained crushing injuries.
A summary of GI's injuries and treatment are outlined 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.
- Severe exacerbation of prior back strain/sprain with tenderness, pain, muscle spasms/soreness/tightness (thoracic and lumbar regions) with resultant ligamentous instability and acceleration of spinal disc disease.
- Multiple contusions, abrasions, and puncture wounds to body (face, scalp, arms, legs, etc) from glass fragments and striking against interior of vehicle during impact.
- Headaches
- Sleep disturbances/fatigue
CI suffered multiple injuries as a result of the accident as well, outlined below:
- Fractured left humerus with resulting in corrective surgery involving multiple pins, screws, and fixation plate – permanent hardware.
- Back strain/sprain with tenderness, pain, muscle spasms/soreness/tightness (thoracic and lumbar regions) with resultant ligamentous instability and acceleration of spinal disc disease.
- Knee contusion and abrasion with pain and discomfort from striking against interior of vehicle during impact
- Broken glasses during impact requiring replacement with new exam
- Headaches
- Sleep disturbances/fatigue
GI is a 37 year old man who enjoys spending time with his family and friends. Hobbies include reading, music, movies, and outdoor activities. GI 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.
CI is a 33 year old woman who enjoys spending time with her family and friends. Hobbies include reading, music, movies, video games, and outdoor activities. She was fairly healthy before the collision and since then has not as active as she was before. She must perform exercises at home on a regular basis just to manage/maintain her symptoms and avoid flare ups. Her return to recreational activities has been slow and guarded for fear of re-injury.
CI is a 33 year old woman who enjoys spending time with her family and friends. Hobbies include reading, music, movies, video games, and outdoor activities. She was fairly healthy before the collision and since then has not as active as she was before. She must perform exercises at home on a regular basis just to manage/maintain her symptoms and avoid flare ups. Her return to recreational activities has been slow and guarded for fear of re-injury.
Neither GI or CI had any liability for causing this collision. To ensure they received adequate financial compensation for their medical treatment and loss of enjoyment of life, they hired Chris Davis, a personal injury attorney and car accident lawyer.
Mr. Davis is the founder and principal attorney at the Seattle-based Davis Law Group. Working on behalf of both GI and CI, he was able to use his experience as a drunk driving accident lawyer to identify several factors that supported a substantial non-economic damages claim.