Sacramento Brain Injury Lawyer Blog

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.)

GENERAL DAMAGES
As a result of his injuries Paul has experienced severe pain and suffering and emotional distress. Paul was nearly killed on the scene as he suffered a severe skull fracture and brain hemorrhage, multiple broken ribs, spleen and liver lacerations, internal bleeding, and collapsed lung. Paul endured nine days in critical care, and continued to have pain and suffering well into his recovery. Paul continues to have complaints of periodic headaches and pains in the area where he fractured multiple ribs. The large scar on his head, and facial palsy further add to the suffering experienced by this young man after the automobile collision.

As a result of his brain injury, Paul has lost all motivation and shows signs of depression and anger. Paul often sleeps throughout an entire day, and it is frequently difficult for him to pull himself out of bed. Prior to the collision, Paul was an energetic, enthusiastic, and kind young boy. Now, he does not express himself, does not communicate well with others, and becomes angry and frustrated very easily. In short, Paul has become a different person all together.

As a 14-year-old with a brain injury, Paul's social development has been stunted. For the most part, Paul has been in homeschool programs since the collision which have further contributed to this isolation. Paul's prime years of high-school have been taken away from him, and he will never be able to make up this lost ground.

Continue reading "Sacramento Mother And Her Son Deal With Traumatic Brain Injury After Car Accident, Part 7 of 7" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.)

DAMAGES
As discussed above, Paul Martin suffered severe personal injuries as a result of the collision. Paul suffered a severe skull fracture, brain hemorrhage, collapsed lung, fractured pelvis, multiple fractured ribs, liver laceration, and spleen contusion and laceration. Paul nearly died on the scene after he became unresponsive and could not be intubated due to his locked jaw. The 14-year-old was air-lifted and spent nine days in critical care at University Hospital.

PAST MEDICAL EXPENSES
Mercy Air: $8,031.50

ABC Ambulance: $ 1,089.03

Valley Regional: $49,941.17

University: $ 70,752.47

Outpatient Rehab. $ 5,000.00

TOTAL $134,814.00

FUTURE MEDICAL EXPENSES & SERVICES
Paul has been diagnosed with a moderate to severe traumatic brain injury. Paul's treating physicians have recommended that he be placed in a specially designed educational learning program for children with brain injuries. Paul will need extended schooling through the age of 22 based on his condition.

Paul will require treatment in a residential neurobehavioral program to cope with his damaged motor skills.

Due to his brain injury and inability to properly care for himself, Paul will require long-term supported living after completion of school.

Continue reading "Sacramento Family Dealing With Son's Brain Injury After Car Accident, Part 6 of 7" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.)

The investigation performed by the Gas Company's experts confirmed that the speed of Mr. Brown's Ford F-150 was 50.7 to 60.3 miles per hour. This report, prepared by Dr. Kevin Fish of the Institute of Risk and Safety Analyses, further states "We found no evidence that the traffic signals were not properly functioning at the time the subject collision occurred." The report concludes It is clearly evident that Mr. Brown caused the subject collision by violating California Vehicle Code § 21453, failure to stop for a steady circular red signal.

Although the Gas Company has not formally accepted responsibility for causing this collision, Brown could not deny fault when pressed at deposition.
Q: Do you admit that you are at fault for this accident?
A: Yes. (Whitely deposition.)

SHERRIE MARTIN CANNOT BE APPORTIONED ANY RESPONSIBILITY FOR CAUSING THE SUBJECT COLLISION

The single eye-witness to the collision, Mr. Walkup, confirmed in his statement to the California Highway Patrol that Brown was completely at fault in causing the collision. Mr. Walkup stated that he was driving his vehicle northbound on White Road and was stopped at SR-40 waiting for his light to change. He observed the Martin vehicle stopped in the westbound left turn lane and after the signal cycled, she began a normal left hand turn. Mr. Walkup stated that the Martins were in a normal turn and were not in a hurry, and that Brown "came out of nowhere eastbound on SR-40, ran the red light and collided with the Martins."

Continue reading "Negligent Truck Driver Leaves Sacramento Teen With Brain Injury, Part 5 of 7" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.)

LIABILITY

BROWN CAUSED THE COLLISION BY DRIVING THROUGH A SOLID RED LIGHT IN VIOLATION OF VEHICLE CODE § 21453(a).

This is a case of clear liability on the part of Defendant Brown and his employer California Gas Company. The California Highway Patrol confirmed Brown caused the collision, and violated section 21453(a) of the California Vehicle Code for running the solid red signal. Calif. Vehicle Code § 21453 (a): A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).

Investigating Officer Andy Williams: The conclusion that I came to was that Mr. Brown had drove through a steady circular red light and that Miss Martin had a green turn arrow, and she was broadsided while making her left turn.

In his deposition, Dan Brown admitted that he did not look at the light prior to entering the intersection and that he did not brake prior to impact with the Martins' vehicle:

Q: On the date of the collision, as you approached White Road did you see the light turn red?
A: No.
Q: Did you see the light turn yellow?
A: No.
Q: Was the light green as you went through the intersection?
A: I did not see the light.
Q: Did you look at the light as you went through the intersection?
A: If I didn't see it, I don't think I looked at it.

Continue reading "Sacramento Student Faces Long Recovery After Car Accident Causes Brain Injury, Part 4 of 7" »