In July 2004, JS was operating his 2004 Yamaha motorcycle Eastbound on State Route 520 near State Route 405. He was then hit by the vehicle being operated by KM.
KM was making a lane change when the collision occurred. KM failed to keep a proper lookout before she merged into JS’s lane. JS was side-swiped as a result.
Washington law provides that the drivers on 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. KM was negligent when she slammed into JS’s motor vehicle. JS did nothing to contribute to the cause of the crash and could do nothing to avoid the collision.
JS sustained the following injuries in this accident:
- Acute motor cycle crash with extensive road rash and abrasions on the right trunk, abdomen and right knee;
- Extensive soft-tissue injury
- Right knee sprain
- Left wrist sprain
- Posttraumatic anxiety
JS is 22 years old. He lives in Redmond, Washington. He is employed full time as a Store Manager for a software company based out of Beaverton, Oregon. In his spare time, JS enjoys riding his motorcycle, rock climbing, playing volley ball, and camping with friends.
JS suffered considerable loss of enjoyment of life by having to experience constant and continuous pain and discomfort as a result of his injuries. JS was unable to sit, stand, or lay comfortably while his abrasions and contusions healed. JS was forced to unwrap, clean, medicate and redress his wounds daily during the healing process.
JS was unable to sit at a computer for long periods of time without experiencing pain in his neck, upper back, and shoulders. For months following the collision, JS was unable to participate in activities such as rock climbing, hiking, riding a motorcycle, playing volleyball or other physical activities. He was forced to miss 20 days of work and is now left with large, discolored scars on his body.
In his home life, JS was unable to continue with his normal activities. JS is a very active person who greatly enjoys working out, outdoor activities and participating in sports. He was unable to work out or participate in any sports games or outdoor activities for months following the collision.
JS’s job requires a lot of driving. JS began to experience anxiety while in a car or on a motor cycle following the collision. JS was especially nervous when driving on the freeway or when vehicles would merge into lanes next to him.
To date, JS’s activities are limited due to his injuries. He is unable to continue with many of his activities and hobbies he enjoyed doing before this collision. He is self conscious about the scars left on his body and still experiences anxiety when traveling in a vehicle.
JS hired Seattle personal injury attorney and motor vehicle accident lawyer Chris Davis to help him negotiate a settlement with the Farmers Insurance Group. Chris Davis is the founder and principal attorney at the Davis Law Group, located in Seattle, and has had great success acquiring substantial reimbursement for his clients, especially when dealing with Farmers Insurance. Mr. Davis was able to locate and quantify several factors that supported a large non-economic damage claim.
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