$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.
Case Facts
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 |
| Accident Locations: | |
| 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- consciousness Fractured left pelvis Contused back, right arm, right leg, bruised ribs Anxiety, short-term memory loss |
Frequently asked questions about passengers injured in auto accidents
What should I do immediately after an accident as a passenger?
Seek medical attention for any injuries, take photos of the scene, and gather contact and insurance information from all drivers involved.
What if the driver of the car I was in is uninsured or underinsured?
You may still be able to recover damages through your own uninsured/underinsured motorist coverage or by filing a claim against the driver of another vehicle involved in the accident.
What types of damages can I recover as a passenger in an auto accident?
You may be able to recover damages for medical expenses, lost wages, pain and suffering, emotional distress, and other related losses.
Who can I hold responsible for my injuries as a passenger in an auto accident?
Liability may depend on the specific circumstances of the accident, but potential responsible parties could include the driver of the vehicle you were in, other drivers involved in the accident, or even vehicle manufacturers or government entities in some cases.
Can I file a claim against the driver of the car I was in if I’m related to them?
Yes, you can file a claim against the driver of the vehicle you were in regardless of your relationship to them.
How can I prove the extent of my injuries as a passenger in an auto accident?
Medical records, expert testimony, and other evidence can be used to help demonstrate the nature and severity of your injuries.
What if I was a passenger in a car that was hit by another vehicle?
Depending on the circumstances of the accident, you may be able to pursue a claim against the driver of the other vehicle or against both drivers.
Can I recover damages for emotional distress as a passenger in an auto accident?
Yes, it may be possible to recover damages for emotional distress if you can demonstrate that it resulted from the accident and your injuries.
How long will it take to resolve my personal injury case as a passenger in an auto accident?
The length of time it takes to resolve a personal injury case can vary depending on a variety of factors, including the complexity of the case, the severity of the injuries, and the willingness of the parties involved to negotiate a settlement. In general, cases may take several months to several years to resolve.
Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Andy is a highly recognized wrongful death lawyer in California.