In September 2007 SC was traveling eastbound on State Route 18. As he slowed his vehicle to a stop for traffic, he was unexpectedly struck from behind by ES. Washington State Patrol responded to the scene and upon investigation cited ES “fpr speed too fast for conditions (collision causing)”. Substantial damage was done to the rear of SC’s automobile, which clearly documented the force involved in the collision. Upon each impact, SC’s body was violently tossed around the inside of the car hitting against the interior components such as the steering wheel. His head was whipped backwards and then snapped forward, bluntly striking against the seat/headrest of the vehicle. And his body was slammed against the restraint of his seat belt.
SC did nothing to contribute to the cause of the car accident and could do nothing to avoid the collision. ES was negligent when he failed to be attentive while driving a vehicle, watch for traffic ahead, drive responsibly (safe speeds), and otherwise obey the rules of the road. Washington law provides that the drivers on the road have the duty to exercise ordinary care and avoid causing a car accident or motor vehicle collision.
As a direct result of ES’s reckless driving and negligence, SC sustained injuries to his neck, and back. A summary of his injuries and treatment are outlined below.• Cervical strain/sprain and subluxations with in tenderness, pain, muscle spasms, and limited range of motion. Whiplash injury with resultant ligamentous instability and acceleration of spinal disc disease. MRI revealed 4 bulging discs. Radicular symptoms into right arm.
Diagnosis – 847.0; 839.08; 723.1; 728.85
• Back strain/sprain and subluxations with tenderness, pain, muscle spasms, and limited range of motion (thoracic and lumbar regions) resulting in ligamentous instability and acceleration of spinal disc disease. Radicular symptoms into both legs and feet.
Diagnosis – 847.1; 847.2; 724.2; 724.1; 839.20; 839.21; 728.85
• Headaches – severe, tension
Diagnosis – 307.81
• Sleep disturbances/fatigue
Diagnosis – 780.50; 780.79
ES asked SC’s insurance company, GEICO Insurance, for payment of medical bills and related expenses for damages that he incurred as a result of the injuries he sustained in this collision. GEICO tried to delay, deny, and defend against the claim. Finally ES hired the Seattle law firm of Davis Law Group to help manage his claim and negotiate his settlement.