A 56-year-old man suffered serious neck, back, shoulder, and wrist injuries after a tractor-trailer driver recklessly merged into his lane on a Montclair highway, incurring over $800,000 in medical costs and requiring multiple surgeries. A $700,000 settlement was secured after expert testimony confirmed the injuries were consistent with the force of the crash and the defendant’s violation of California traffic laws.
Plaintiff, a 56 year old male at the time of the subject accident, was traveling on a public highway, located in Montclair, CA; during which time, the Defendant, who at the time was not paying attention to the traffic around his tractor trailer, abruptly merged into Plaintiff’s lane of travel and severely collided with the entire right passenger side of Plaintiff’s vehicle.
The intensity of the impact has caused Plaintiff thousands of dollars in personal damages. It is manifested that the Defendant took 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 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, middle back, lower back, left shoulder and right wrist. Plaintiff’s injuries were significant enough to incur $805,000 in medical expenses. Plaintiff required a lumbar spine surgery, and a left shoulder arthroscopic surgery, to where he now has ongoing sporadic lower back and left shoulder pain, for which he will require intermittent chiropractic and physical therapy treatment in the future.
Defendants disputed Plaintiff’s claims for injuries and damages. Defendants 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. Messrs. Khakshooy and Agarwal were able to recover $700,000 for Plaintiff.
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