FAILING TO YIELD THE RIGHT-OF-WAY COLLISION CASE ANALYSIS
FACTS OF THE CASE:
Plaintiff was driving his sedan eastbound on in the number one lane. Defendant Another driver was driving his SUV westbound in the left turn lane. Defendant attempted to turn left from westbound onto the southbound direction. There is no traffic light at that intersection. Defendant initiated his turn without yielding the right of way for Plaintiff in violation of California Vehicle Code §21801(a).
Defendant’s argument is that the number two and possibly the number three lanes stopped for Defendant’s vehicle to make the left turn. However, it was negligent for the Defendant to commence the turn without making sure that the number one lane was “clear”. This specific intersection has a sign prominently posted that reads, “Watch Opposing Traffic”. It is facing the direction so that cars facing westbound should be aware to watch all traffic, specifically meant to prevent the negligence of Defendant.
NATURE AND EXTENT OF DAMAGES
Plaintiff sustained injury to his head, neck, upper-back, right shoulder, and hand as a result of this collision. His injuries were described in his deposition as a “drastic loss of mobility”, stiffness, and pinching pain. The pain in his neck was rated 7 out of 10 on a pain scale. The pain in his neck was rated as an 8 out of 10. The day after the accident he sought treatment from a doctor, where a full examination was performed. The doctor ordered x-rays and diagnosed Plaintiff with acute traumatic cervical sprain, acute traumatic thoracic sprain, acute traumatic lumbar sprain, associated cephalgia, acute traumatic lumbar radiculitis, acute traumatic associated myalgia. Plaintiff followed up with his doctor for an extensive course of chiropractic treatment.
RESIDUAL COMPLAINTS AND FUTURE MEDICAL EXPENSES
Plaintiff continues to experience pain (3 out of 10 on a pain scale) and limited range of motion in his neck. Plaintiff has been unable to resume playing baseball, play frisbee (as he was accustom to), go hiking, play golf, and skateboarding. Additionally, Plaintiff has pain when involved in routine daily activities such as sleeping, and lifting. Plaintiff had a prior job singing as well as sang recreationally with different bands and is no longer able to sing without having back pain.
Plaintiff’s is current employed as a messenger driver, where he spends most of the day driving. However, Plaintiff experiences debilitating pain while driving on the job and driving.
Additionally, Plaintiff has a complete loss of sensation along with numbness and tingling in his right ring finger. Plaintiff is right-hand dominant. Due to the above residual symptoms, Plaintiff will be following up with an Orthopedic Surgeon.
THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!
Personal Injury Lawyer