$550,000: Big Rig Collides With SUV Causing Physical and Mental Injuries To Plaintiff
June 10, 2010
CASE DESCRIPTION: Plaintiff David P. filed a lawsuit against Defendants Adrian R. and Carlos A. for the Defendants’ failure to abide by the basic rules of traffic safety which led to an auto accident, severely injuring the Plaintiff. Both Defendants were found to have joint fault in causing David P.’s automobile to catapult into the concrete median K-rail.
At around 11:49 a.m. on February 13, 2007 David P. was driving to work. He was traveling southbound on the Interstate 5 near the city of Buena Park. The Plaintiff was driving in the #1 lane between 55-60 mph, to the right of Mr. P in the #2 lane was Defendant Carlos A. driving a big rig, and the other Defendant, Adrian R. was also operating a big rig in lane #3. The 76- year-old Plaintiff could never have anticipated such a tragic accident as the one caused by the Defendants that day. Suddenly and without warning, the big rig in lane #2 driven by Carlos A. moves into lane #1, striking David P.’s SUV. David lost all control of his vehicle and the sheer force of the big rig catapulted Mr. P’s SUV into the concrete median K-rail. The SUV hit with such force on the median that it extended into an entire construction area inside the K-rail before hitting the median controlling the other side of the freeway and then eventually flipped over on its right side. In the meantime, while Plaintiff’s vehicle was flipped over and emergency personnel were trying to free him from his seatbelt, Defendant Adrian R. continued driving away from scene wherein Defendant Carlos A. followed Mr. R. and retrieved his license plate number.
As a result of the accident, the vehicle was declared a total loss and Mr. P suffered severe physical and mental injuries that have progressively gotten worse since the date of this accident and continue to this day.
Both Defendants have blamed each other for the accident. Defendant Mr.A has stated that he was basically forced into the #1 lane by Defendant Mr. R, therefore striking an innocent David P. Defendant Mr. R has stated that he has no knowledge of the incident and denies the conclusions of the police investigators and other eyewitnesses that he was in violation of making an unsafe lane change, and not signaling when changing lanes. Signaling when changing lanes is one of the most basic California Vehicle Code. It is clear though that the Defendants have a shared responsibility for the accident, and no fault was apportioned to David P.
TYPE OF CASE: Personal Injury; Automobile Accident
INJURIES: Injuries suffered by Plaintiff David P. include, but are not limited to, neck sprain, lumbar sprain, multiple contusions, decreased range of motion in the lumbar area and cervical spine, disc bulges in the lumbar and cervical spine, lumbar degenerative disease, cervical disc disease with cervical myospasm cervical pain, low back pain, combined L5 radiculopaty, peroneal nerve fibular dysfunction, partial tearing of the rotator cuff, superior labral SLAP tear, left shoulder pain, left elbow epicondylitis, right upper anterior chest wall pain, right lateral superior iliac crest pain, foot heel spur causing acute foot pain and right foot drop.
DATE & LOCATION OF INCIDENT: February 13, 2007 at approximately 11:49 a.m. on Southbound Interstate 5 near Buena Park, City of Orange.
PLAINTIFF’S AGE: David P. Is 75-years-old
OCCUPATION: Sales, marketing and general office associate
PLAINTIFF’S ATTORNEYS: Christopher R. Aitken
AITKEN * AITKEN * COHN
For Plaintiff David P.
DEFENDANT’S ATTORNEYS: Francis P. Licata, Esq.
LAW OFFICES OF JAMES M. FRASER
For Defendant Adrian R.
Richard L. Scott, Esq.
OSMAN & ASSOCIATES
For Defendant Carlos A.
DEFENDANT INSURANCE CO.: Travelers Property Casualty Company
Insurance Co. for Defendant Carlos A.
York Claims Service o/b/o New Hampshire Insurance Company
Insurance Co. for Defendant Adrian R.