$100,000.00 Settlement for a passenger injured in intersection collision when DUI driver runs a red light
About the Case
On March 25, 2017, our client was the passenger in a 2013 Chevrolet Malibu traveling on N. Abel St., in Milpitas, Santa Clara County, California. Entering the intersection with Marylinn Drive, the Malibu ran the red light and collided with a 2005 Honda Accord. Our client sustained serious injuries, as did both drivers and the passenger in the Honda. At the time, early afternoon, there were no weather or road-surface conditions that contributed to the accident, which was investigated by the Milpitas Police Department. Statements were obtained from both drivers and both passengers – the Honda driver had a clear recollection of entering the intersection with the green light; none of the others involved had any recollection of the accident.
Following the investigation, the Milpitas PD concluded that the driver of the Malibu was responsible for the accident – and was arrested for driving under the influence of alcohol, and for driving with a suspended license.
Our client was transported by ambulance to the trauma center at the Regional Medical Center of San Jose where the admitting diagnosis was a mild traumatic brain injury, fractured left pelvis, and bruises to his back, right arm, leg, and ribs. He was released after four days of hospitalization. He continued outpatient and home physical therapy treatment.
Concerned with the need for ongoing medical treatment, the loss of wages, the continuing medical bills, and post-accident memory and word-finding difficulties, our client retained GJEL ACCIDENT ATTORNEYS to address these issues.
The attorneys and staff at the GJEL firm began an investigation to determine whether both drivers were responsible for the accident, and what insurance, if any, was available to compensate our client for his losses and future needs. Allstate initially took the position that its policy on Malibu was not available because the owner of the car had let his niece borrow it, and the driver had taken the vehicle without the owner’s permission or knowledge. Attorney Jim Larsen of the GJEL law firm successfully argued that Allstate was fully exposed for the damages caused by the driver and the owner.
Attorney Jim Larsen developed clinical evidence of our client’s anxiety and memory-loss issues with the neuropsychological examination and evaluation. With strong factual, legal, and medical arguments, the GJEL Accident Attorneys were able to obtain through negotiation the maximum available monetary settlement in our client’s favor.
|Insurance Company Names:||Allstate|
|Police Report||Milpitas Police Department|
|Vehicle Types||2013 Chevrolet Malibu |
2005 Honda Accord
|Hospitals and Medical Centers Visited||Regional Medical Center of San Jose |
Canyon Springs Post-Acute
Valley Health Center -Milpitas
|Types of Injuries (Specific as possible)||Mild traumatic brain injury with loss of con- |
Fractured left pelvis
Contused back, right arm, right leg, bruised ribs
Anxiety, short-term memory loss