A 53-year-old man was seriously injured when a truck driver rear-ended his RV trailer on a highway, causing catastrophic interior damage. Despite disputed liability and treatment, a $1.5 million settlement was recovered through expert medical evidence and negotiation.
Plaintiff, a 53-year-old male at the time of the subject accident, was driving an RV trailer on a public highway in Heyburn, ID; during which time, Defendant, who at the time was driving a tractor trailer and not paying attention to the traffic ahead of him, very severely collided with the rear-end of the RV Plaintiff was driving. The intensity of the impact demolished the interior of the RV, causing part of the interior furniture to break apart and be projected against the back of Plaintiff’s head.
The intensity of the impact has caused Plaintiff thousands of dollars in personal damages. It is manifested that the Defendant paid no attention to the traffic ahead of him, thereby precipitating a collision with Plaintiff’s vehicle. The Defendant was operating the vehicle in such a reckless manner, in violation of the following Idaho Vehicle Codes: 49-654 – “No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding highway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.” 49-638 – “The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicle, the traffic upon and the condition of the highway.” 49-1404 – “Any person who drives or is in actual physical control of any vehicle upon a highway, or upon public or private property open to public use, carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property, or who passes when there is a line in his lane indicating a sight distance restriction, shall be guilty of reckless driving and upon conviction shall be punished as provided in subsection (2) of this section.”
As a result of his motor vehicle accident, Plaintiff suffered injuries to his head (with associated deep and long laceration to his scalp), traumatic brain injury, neck, chest, abdomen, pelvis, upper back, middle back, lower back, along with headaches (with associated concussion). Plaintiff’s injuries were significant enough to incur $853,000 in medical expenses. Plaintiff required cervical and lumbar spine epidural steroid injections, and it was recommended that he undergo cervical and lumbar spine surgeries and very extensive neurorehabilitation therapy and cognitive therapy, to where he now has ongoing sporadic cervical and lumbar spine pain, and headaches, for which he will require intermittent chiropractic and physical therapy treatment in the future, surgical intervention, along with neurorehabilitation therapy and neuropsychological evaluations.
Defendants disputed Plaintiff’s claims for injuries and damages. Defendants also disputed the reasonableness and necessity of Plaintiffs’ medical treatment. However, through the testimony of expert doctors, it was determined that Plaintiff’s injuries and treatment were reasonable and necessary, considering the severity of the impact. Mr. Khakshooy was able to recover $1,500,000 from Defendant’s insurance carrier for Plaintiff.
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