A 62-year-old man sustained serious injuries after his pickup truck, pulling a trailer, was severely rear-ended on a Victorville highway, leading to $579,000 in medical expenses. A $1.3 million settlement was secured for him after evidence showed the other driver’s reckless disregard for traffic and speed.
Plaintiff, a 62 year old male at the time of the subject accident, was the driver of his pickup truck, which was pulling a trailer at the time of the accident. During his course of travel, at approximately 35 miles per hour, in the number four (slow) lane of a highway located in Victorville, CA; Defendant, who at the time was not paying attention to the traffic ahead of him, severely rear-ended Plaintiff, vehicle and pushed Plaintiff’s vehicle onto a concrete barrier.
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 ahead of 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: 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 suffered injuries to his head, neck and lower back. Plaintiff’s injuries were significant enough to incur $579,000 in medical expenses. Plaintiff required a cervical spine surgery, to where he now has ongoing sporadic cervical spine pain, for which he will require intermittent chiropractic and physical therapy treatment in the future.
Defendant disputed Plaintiff’s claims for injuries and damages. Defendant 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 $1,300,000 for Plaintiff.
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