THE DAY OF THE ACCIDENT
Auto Accident Victim: “C.K.” (all names are changed for privacy) 23 years old, female.
The Accident Date: The accident occurred on November 25, 2014, around 6:00 in the evening.
Accident Location: The accident happened at the intersection of North Stapley and East Broadway, in Mesa, Arizona.
Accident Description: C.K. was driving her 1998 Ford Escape northbound on Stapley Road in the number two lane approaching the intersection with East Broadway Road. She was entering the intersection as the light turned yellow and the at-fault driver in the southbound left-hand turn lane turned directly in front of her vehicle. C.K. attempted to avoid hitting the at-fault driver but was unable to prevent the accident and hit the at-fault driver’s vehicle. The Mesa Police Department responded to the scene of the accident and conducted an investigation. After interviewing both drivers and two uninvolved witnesses, Mesa Police cited the at-fault driver with failure to yield when making a left-hand turn and driving on a suspended license. Both drivers got treatment at the scene by the fire department of injuries. Both vehicles were towed from the scene of the accident. These were all reported to the injury lawyer.
The at-fault driver was cited at the scene for violating A.R.S. § 28-772, failure to yield right of way, and A.R.S. § 28-3473C, driving on a suspended license.
A.R.S § 28-772 states “The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is within the intersection or so close to the intersection as to constitute an immediate hazard.” http://www.azleg.gov/ars/28/00772.htm
A.R.S. § 28-3473 states
“A. Except as otherwise provided in this subsection, a person who drives a motor vehicle on a public highway when the person’s privilege to drive a motor vehicle is suspended, revoked, canceled or refused or when the person is disqualified from driving is guilty of a class 1 misdemeanor. If the suspension is pursuant to section 28-1601 and the person presents to the court evidence that the person’s privilege to drive has been reinstated, the court may dismiss the charge of driving under a suspended driver license. B. Except for a suspension pursuant to section 28-1601 or 28-3308, on receipt of a record of the conviction of a person under this section, the department shall notify a person who is eligible for a restricted privilege to drive pursuant to this section that the person is eligible…
C. On application, the department shall issue a driver license that restricts a person’s privilege to drive pursuant to subsection B of this section and that is valid for one year only if all of the following apply: 1. The person has completed all requirements of the sentence imposed by the court. 2. The person has satisfied all suspension periods imposed on the person’s driver license as a result of the conviction of or a finding of responsibility for a violation of any provision of this title except this section. 3. The person pays the applicable reinstatement fee prescribed by section 28-3002.” http://www.azleg.gov/ars/28/03473.htm
C.K.’s vehicle was a total loss as a result of this accident. C.K. received approximately $1,857.08 as compensation for her totaled vehicle.
DIRECTLY AFTER THE ACCIDENT
How Medical Treatment Impacted C.K.’s Auto Accident Claim with the Help of the Injury Lawyer
Medical Treatment: The day after the collision, C.K. underwent X-rays of her sinuses, cervical and thoracic spines and wrist. The X-ray of her neck revealed spasms and X-ray of her wrist showed an acute fracture of her distal radius.
About a week after the accident, C.K. presented to FXRS Orthopedics & Bracing where she was diagnosed with a closed fracture of unspecified part of the radius, injury to radial nerve and contusion of the forearm. C.K. placed a padded thumb spica cast for right distal radial styloid. Hence, she got recommendations about ICE/RICE activity modification. Further, on a follow-up visit, FXRS Orthopedics & Bracing recommended occupational therapy for her right hand/wrist with gentle stretching and strengthening for one to two times with home exercise program. However, C.K. treated with FXRS Orthopedics & Bracing a total of eight times over the course of six months.
As per referral, C.K. presented to Rehab Arizona – Centennial and was diagnosed with pain in joint, hand. As a result, she was treated with occupational therapy with the modalities including therapeutic exercises, manual therapy, cryotherapy and hot packs. C.K. treated with Rehab Arizona – Centennial twice over the course of two weeks.
Due to C.K.’s continued pain, she presented to Arizona Pain Treatment Centers where she was diagnosed with cervicalgia, myositis, muscle spasms, wrist joint pain and median nerve injury. Because she was recommended for trigger point injections. On a follow-up visit at Arizona Pain Treatment Centers. They administered an ultrasound guided trigger point injection to C.K.’s right C4-7 segment. Ms. Chelsie got advice to continue her pain medications and home exercises. Hence, C.K. treated with Arizona Pain Treatment Centers for a total of three visits over the course of three weeks.
Total Medical Bills: C.K.’s medical bills totaled approximately $4,431.72.
Lost Wages: C.K. made a claim for lost wages. Because as a result of this accident she was to take significant time off of work due to her pain and suffering and in order to receive the treatment she needed for her injuries.
Health Insurance: C.K. had health at the time of the accident, but did not use that health insurance while treating for her injuries.
Client’s Car Insurance: C.K. had car insurance at the time of the accident through American Family Mutual Insurance Company. C.K. used her own car insurance’s medical payments policy and underinsured motorist policy. C.K. received $15,000 from her underinsured motorist policy to supplement her bodily injury settlement. C.K.’s premiums did not go up as a result of using her own car insurance policy. The underinsured motorist settlement reached after the at-fault settlement, around two years after the accident.
At-Fault Car Insurance: The at-fault driver had car insurance at the time of the accident through Commonwealth Casualty Company. Commonwealth disputed liability in this matter due to questions raised regarding. Whether C.K. entered the intersection while the light signaled yellow or red. Due to this dispute, C.K. had to initiate litigation in order to reach a settlement. Hence, C.K. entered into litigation with Commonwealth eight months after the accident occurred. She reached a settlement with Commonwealth six months after litigation began.
Final Settlement: C.K.’s total settlement was $30,000. This settlement includes $15,000 paid by the at-fault driver’s car insurance. The $15,000 paid by C.K.’s own underinsured motorist policy. From the time of the accident, it took nearly two years to reach a total settlement.
In conclusion, despite the time it took to reach a settlement, C.K. was happy with the results of her case and with her injury lawyer. She was able to receive the treatment necessary to return her to the state of well-being. C.K. was in prior to the accident with limited out of pocket cost. She received compensation for her totaled vehicle and her pain and suffering. C.K. was treated for six months. However, C.K. received over $10,000 for her bodily injuries in this settlement. The remainder going to pay her medical bills and injury lawyer’s fees and costs.