UNSAFE LANE CHANGE COLLISION CASE ANALYSIS
FACTS OF THE CASE:
Plaintiff was driving his SUV westbound on a road in the number two lane. Defendant was driving her Saturn SUV behind Plaintiff’s vehicle and in the number three lane. Defendant was approaching another car in the number three lane when Defendant swerved into the number two lane trying to avoid the car in the number three lane. Plaintiff was unable to avoid Defendant’s vehicle and they collided. After striking Plaintiff’s vehicle Defendant lost control of her car, when she fishtailed and careened up to the curb and into a planter on the right side of the road. The Police Department concluded in his report that Defendant caused the collision by failing to safely change lanes, a violation of California Vehicle Code §21568(a).
Defendant failed to change lanes in a safe manner, causing this accident. Defendant was also mailed a citation in violation of the above mentioned Vehicle Code. Plaintiff was unable to avoid the Defendant’s vehicle when she swerved in front of him.
NATURE AND EXTENT OF DAMAGES
Plaintiff suffered trauma to his head, neck, upper-back, and shoulder blade as a result of this collision. Immediately after the collision the accident he sought treatment from the hospital emergency room. He was given Vicodin for pain management and underwent x-rays. The x-ray determined that there was a reversal of the normal lodotic curvature. The doctor who diagnosed Plaintiff with a cervical strain and was advised to follow up with his private doctor. He was given a C-Spine collar to wear at home. Plaintiff also received physical therapy. He also sought medical evaluation from another doctor since his condition was not improving.
An MRI of the shoulder was recommended and taken and which confirmed the above mentioned findings as well as confirmed thickening and intermediate signal intensity of the distal anterior fibers of the supraspinatus tendon, which represents teninopathy.
RESIDUAL COMPLAINTS AND FUTURE MEDICAL EXPENSES
Plaintiff continues to experience pain and a limited range of motion in his right shoulder area. Additionally, Plaintiff still has weakness , numbness, and tingling of the right hand through to his fingers. Plaintiff is required to drive an hour every day to work which causes pain to the areas of injury. He is also limited on the amount of physical work he would be able to endure before his symptoms worsen.
THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!
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