Posted On: March 19, 2012 by Moseley Collins

Woman Injured in Two Car Accidents Sues Drivers For Injuries, Part 1 of 2

The following blog entry is written to illustrate how a car accident lawsuit might follow. Reviewing this kind of case should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

INJURIES: Sarah claimed that she sustained neck and back strain as a result of the January accident. Aaron and Remmy claimed that they sustained soft-tissue neck and back injuries.

Facts:
On Jan. 17, 2004, plaintiff Sarah Serrie, 41, a computer technician, was driving a car in the left-turn pocket in El Dorado County. Her son, Aaron, 15, and daughter, Remmy, 13, were passengers. When Serrie stopped her car, it was rear-ended by a utility van driven by Sam Lemons.

On Nov. 8, 2004, Sarah Serrie was in a second accident. She was driving south in Folsom, CA, and Barry Samsin was driving a car north, in a left-turn pocket. Another driver waived Samsin through a gap in a line of cars which were stopped for a traffic light. Samsin had almost completed his left turn when he struck Serrie's vehicle over the rear tire.

Serrie and the two children sued ABC Services, the owner of the vehicle in the January accident; Sarah also sued Samsin for the November accident. Both causes of action were brought on the same complaint, and both cases were tried together.
For the January accident, Sarah, Aaron, and Remmy claimed that Sarah stopped when the traffic light changed. They claimed that Steven Lemons was driving the van in the course and scope of his employment with ABC Services, and that ABC Services was vicariously liable.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Defense counsel for ABC Services argued that Sarah stopped unexpectedly and caused the accident.

For the November accident, Sarah claimed that Samsin was negligent in his operation of the vehicle.

Defense counsel for Samsin argued that a witness saw Sarah on her cell phone just prior to the accident, and that she was inattentive. Defense counsel also argued that Sarah violated the California Vehicle Code by not yielding the right of way to a driver who had substantially completed his left turn.

The Serries were eventually transported to Kaiser (not by ambulance), where they were treated and released. The Serries ultimately had X-rays. Sarah underwent five to six months of physical therapy. Also, the Serries went to a chiropractor six months after the January accident. Sarah underwent chiropractic treatment for one year, and Aaron and Remmy underwent chiropractic treatment for a few months. Sarah waited two months before reporting the neck injury. Sarah went on disability as a result of the accident. Sarah claimed that she missed one year of work.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.