A 39-year-old man was seriously injured when another driver suddenly merged into his lane in Irwindale, causing a severe collision. Despite insurance disputes, CAG recovered $650,000 through expert medical evidence and negotiation in this underinsured motorist case.
Plaintiff, a 39-year-old male at the time of the subject accident, was driving his employer’s vehicle on a public highway in Irwindale, CA; during which time, the Defendant, who at the time was not paying attention to the traffic around her, unsafely and suddenly merged into Plaintiff’s lane of travel, and severely collided with the front passenger side of the vehicle Plaintiff was driving.
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 around her, 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 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 suffered injuries to his neck, upper back, lower back, along with headaches (with associated concussion). Plaintiff’s injuries were significant enough to incur $548,000 in medical expenses. Plaintiff required cervical spine surgery, and lumbar epidural steroid injections, to where he now has ongoing sporadic cervical spine and lumbar spine pain, for which he will require intermittent chiropractic and physical therapy treatment in the future.
Plaintiff’s employer’s insurance carrier disputed Plaintiff’s claims for injuries and damages. Plaintiff’s employer’s insurance carrier also disputed the reasonableness and necessity of Plaintiff’s 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 $50,000 from opposing driver’s insurance carrier, and $600,000 from Plaintiff’s employer’s insurance carrier for Plaintiff.
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