(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.)
At deposition, Defendant also remembered telling the police what lane she was in. However, Mr. Owen distinctly remembers hearing Defendant tell the investigating officer at the scene that she had turned left “from the second lane,” which would be a lane for through traffic. Mr. Owen remembers the officer repeating the question two or three times, and getting the same response each time.
Defendant has the burden of proof with respect to her allegations and her Affirmative Defenses, and Defendant’s recall of events during her deposition make it impossible for her to prove: 1) that Plaintiff did anything whatsoever to cause the accident and/or 2) that she was proceeding cautiously in making her ill fated attempt at a left turn across oncoming traffic.
The accident was clearly caused by the negligence of Ms. White in either of two ways:
1. She jumped the red arrow for the left turn and attempted to squeeze between the gap in oncoming traffic in front of Mr. Owen.
2. She made the turn from the lane next to the left turn lane, having the green and seeing that same gap in traffic.
Ms. White therefore either ran the red arrow or made an illegal left turn. In either case she failed to lawfully yield to oncoming traffic in the intersection. Plaintiff has the burden of proving that the accident was caused by Defendant’s failure to exercise reasonable and due care while making a left turn. Failing to make certain that the intersection was clear before turning left it was the negligence of Defendant in either version.
Plaintiff Owen, a former commercial pilot and, at the time of the accident, a professional driver, was proceeding pursuant to his custom and practice of constant vigilance and regular monitoring of speed, traffic control signals, and other vehicles. He observed the green light at Green from 300 feet away, and kept visual contact to verify that it remained green as he approached the intersection. He entered the intersection on the solid green, at about 30 miles-per-hour and had no clue of any problem until Defendant pulled out directly in his path. Left turn arrows for traffic turning left onto Green Street were red in the direction of Plaintiff’s travel, and left turn traffic in Plaintiff’s direction of travel was stopped.
Any negligence on the part of Plaintiff would be the result of him entering the intersection on the red, or at high speed. No evidence exists as to either of these possibilities because neither occurred.
INJURIES/TREATMENT
Mr. Owen sustained neck and back injuries injury which causes him to continue to experience neck pain radiating down his right arm to his thumb and two fingers. These injuries are permanent, are the result of the subject accident, and will continue to adversely affect the quality of his life and his ability to earn a living
Mr. Owen was first seen by Chiropractor Kate Brown, on February 8, 2006. At that time, Dr. Brown noted that Mr. Owen was experiencing pain in his right neck, shoulder and upper arm, with numbness in his hands. During examination, Dr. Brown noted swelling, tenderness and pain upon palpation along the cervical and upper thoracic spine. Dr. Brown recommended that Mr. Owen undergo an MRI scan. (See Part 4 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.