A 34-year-old woman suffered neck, back, and brain injuries after colliding with a speeding driver who lost control on the highway in Santa Ana. Despite liability disputes, CAG recovered $250,000 by proving negligence and medical necessity.
Plaintiff, a 34-year-old female at the time of the subject accident, was driving her vehicle on a public highway in Santa Ana, CA; during which time, the defendant who was entering the highway at a very high speed, lost control of his vehicle and spun out, at which time Defendant’s vehicle was suddenly positioned perpendicularly in front of Plaintiff’s vehicle, causing Plaintiff to very severely broad-side Defendant’s vehicle.
The intensity of the impact has caused Plaintiff thousands of dollars in personal damages. It is manifested that the Defendant paid no attention to his speed or the traffic around 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 California Vehicle Codes: 22107 – “No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.” 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 willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
As a result of his automobile accident, Plaintiff suffered injuries to her neck, lower back, along with headaches (with associated concussion, traumatic brain injury and cognitive deficits). Plaintiff’s injuries were significant enough to incur $133,000 in medical expenses. Plaintiff required multiple cervical spine epidural steroid injections, and it was recommended that Plaintiff undergo additional cervical spine epidural steroid injections, along with neuro-cognitive rehabilitation, for which she will require intermittent chiropractic and physical therapy treatment in the future, along consultations with a neuropsychologist.
Defendant disputed Plaintiff’s claims for injuries and damages. Defendant also disputed the reasonableness and necessity of Plaintiff’s medical treatment. However, extensive negotiations, 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 $250,000 from Defendant’s insurance carrier for Plaintiff.
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