Defendant motorist suddenly pulls into carpool lane to avoid collision with vehicle in front of him; cuts off motorcyclist in the carpool lane, who then rearends defendant. Defendant claims comparative fault by plaintiff, contests injuries, makes lowball offer.
Past Medical: $80,000
Future Medical: $20,000
On October 18, 2009 plaintiff was riding his motorcycle in the carpool lane, northbound on the 605 freeway. As traffic began to slow in the fast lane, defendant, to avoid a collision in front of him, entered the carpool lane causing plaintiff to rear end the defendant.
Plaintiff suffered a neck injury requiring physical therapy and injections. He also suffered a wrist injury resulting in surgery.
That plaintiff was not at fault for the collision. That plaintiff was lawfully traveling in the car pool lane. That plaintiff began to slow down once he saw traffic slowing down in the car pool lane. That defendant cut in front of plaintiff in order to avoid causing a collision with the vehicles ahead of him in the fast lane, and that plaintiff could not avoid impacting the defendant's vehicle.
That plaintiff was partially at fault for the collision. That plainitff rear ended the defendant as he tried to pass defendant when plaintiff saw defendant enter the carpool lane. That plaintiff failed to slow down when he saw traffic abruptly slowing in the fast lane.
Defendant disputed the nature and extent of plaintiff's injuries claiming only neck sprain/strain, and that the hand surgery due to wrist injury was unnecessary as there was no medical evidence of the arthritis for which the fusion was allegedly performed.
2-3mm C6-7 disc bulge. Physical therapy and 2 EPSI injections. Traumatic arthritis of the wrist resulting in surgery.
Insurer - State Farm.
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