$337,000 for a couple injured in a multi-vehicle rear-end collision on the Nimitz freeway.
About the Case
Our clients were commuting in evening rush-hour traffic on the Nimitz freeway (I-880) in Fremont, CA., driving in the #1 (commuter) lane. In response to stopped traffic ahead of her, our client slowed her Hyundai Veloster and brought it to a stop. In the #2 lane, at a high rate of speed for the conditions, was the adverse vehicle, a Ford Transit Connect van. Attempting to avoid traffic slowing to his front, the adverse driver swerved into the #1 lane and collided with the rear of the Hyundai, striking it at an angle and speed so that our clients’ car was propelled across the adjacent traffic lane and into a Toyota Corolla in the #3 lane.
The CHP arrived at the accident scene but did not file a report. Despite the two jarring collisions, our clients were able to drive their automobiles to their nearby homes. Later that evening they both went to Kaiser Fremont Emergency Department.
Both of our clients complained of head injury and headaches at their initial examinations – the driver was noted to have struck her head forcefully against the headrest when the rear-end collision occurred. Her husband – riding in the front passenger seat-struck his head against an interior metal panel. He was diagnosed with a head contusion, for which the medically recommended treatment was non-prescriptive pain relief and ice applications.
Our client also had complaints of nausea and dizziness, in addition to neck pain, stiffness, and upper back pain. The examining physician concluded there was a low likelihood of intracranial hemorrhage and, perhaps, a mild concussion. She followed up with her primary care physician as the head and back pain increased. She was referred to a neurologist for examination of post-concussion symptoms because of ongoing cognitive problems: difficulty recalling and spelling words, and feeling unsure of processing abilities. A psychologist saw our client for further analysis of these cognitive issues which were having an effect on her academic work as a college professor and university administrator.
Accident Attorneys GJEL were retained by the couple to represent them in their claims for damages. Partner Jim Larsen assembled and presented the medical record, including the neurological history, in an effective manner, convincing the insurance carrier for the van driver that the couple should receive the maximum policy payout. This amount was enhanced by Attorney Larsen’s success in obtaining a significant reduction to the medical services lien.
The accident was investigated by CHP officers who described the objects in the roadway as large tables that had fallen from a vehicle that was never identified.
|Insurance Company Names:||ESIS|
|Police Report||CHP responded but filed no report|
|Vehicle Types||2014 Hyundai Velostar|
2011 Ford Transit Connect van
|Accident Locations:||NB I880 (Nimitz freeway) Fremont, CA|
|Hospitals and Medical Centers Visited||Kaiser Fremont|
Kaiser Santa Clara
Kaiser Union City
|Types of Injuries (Specific as possible)||Head pain, neck pain, lower back pain, stiffness, cognitive dysfunction|