Two men were injured when a speeding driver rear-ended their employer’s box truck in Bakersfield while they were stopped to turn left. Despite insurance disputes, CAG recovered a $1 million settlement through expert medical evidence and negotiation in this UIM case.
Plaintiff-1, a 39 year old male at the time of the subject accident, along with his 25 year old male passenger, Plaintiff-2, were traveling in their employer’s box truck, on a public street, located in Bakersfield, CA; during which time, Plaintiffs’ stopped at an intersection, attempting to make a left turn, at which time the Defendant, who at the time was traveling at an excessive speed and not paying attention to the traffic ahead of him, severely collided with the rear-end of Plaintiff’s box truck.
The intensity of the impact has caused Plaintiffs 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 Plaintiffs’ vehicle. The Defendant was operating the vehicle in such a reckless manner, in violation of the following California Vehicle Codes: 21703 – “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.” 22350 – “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.” 23103 – “(a). A person who drives a vehicle upon a highway in a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”
As a result of his automobile accident, Plaintiff-1 suffered injuries to his head (with a concussion), neck, chest, upper back, middle back, lower back, left knee, as well as headaches. Plaintiff-1’s injuries were significant enough to incur $149,000 in medical expenses. Plaintiff-1 required cervical and lumbar spinal pain-relieving injections, left knee pain-relieving injections, and neurological consultations for a mild traumatic brain injury, and was recommended for a lumbar spine surgery, to where he now has ongoing sporadic cervical and lumbar spine pain, as well as left knee pain, and head pain with neurocognitive deficits, for which he will require intermittent chiropractic and physical therapy treatment in the future, along with neurocognitive rehabilitation.
As a result of his automobile accident, Plaintiff-2 suffered injuries to his head (with a concussion), neck, chest, upper back, middle back, lower back, left shoulder, left knee, bilateral hip, as well as headaches. Plaintiff-2’s injuries were significant enough to incur $313,000 in medical expenses. Plaintiff-2 required cervical and lumbar spinal pain-relieving injections, and neurological consultations for a traumatic brain injury, as well as a lumbar spine surgery, to where he now has ongoing sporadic cervical and lumbar spine pain, and head pain with neurocognitive deficits, for which he will require intermittent chiropractic and physical therapy treatment in the future, along with neurocognitive rehabilitation.
Plaintiffs’ employer’s insurance carrier disputed Plaintiffs’ claims for injuries and damages, and the reasonableness and necessity of Plaintiffs’ medical treatment. However, through the testimony of expert doctors, it was determined that Plaintiffs’ injuries and treatment were reasonable and necessary, considering the severity of the impact. Mr. Khakshooy was able to recover $200,000 from opposing driver’s insurance carrier, and $800,000 from Plaintiffs’ employer’s insurance carrier for Plaintiffs.
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