Washington State Patrol responded to the scene and upon investigation cited KD for "speed too fast for conditions". (See Exhibit 1 –Partial Collision Report). 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. KD was negligent by traveling to fast for conditions and failing to be attentive while driving a vehicle, watch for traffic ahead, drive responsibly, and otherwise obey the rules of the road. As a direct result of KD’s negligence, CM sustained injuries to her neck and back, and associated body structures.
A summary of her 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.
- Lumbar strain/sprain with in tenderness, pain, muscle spasms, and limited range of motion. Lumbar injury with resultant ligamentous instability and acceleration of spinal disc disease.
CM is a 32 year old woman and the mother of a son. At the time of the collision, she was 14 weeks pregnant. She enjoys spending time with her family and friends. Hobbies included hiking and gardening prior to this collision.
CM has experienced, and continues to experience, a significant loss of enjoyment of life. 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.
CM now seeks damages incurred as a direct result of the injuries she sustained in the collision. In order to ensure that she received sufficient compensation for her medical expenses and loss of enjoyment of life, CM hired Seattle car accident lawyer Chris Davis.
Mr. Davis is the founder and principal personal injury attorney at Seattle-based Davis Law Group and has had substantial success negotiating with American Commerce Insurance Company claims representatives for just reimbursement and financial compensation.