(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/automobile accident case and its proceedings.)
PLAINTIFF’S TRIAL BRIEF
GENERAL STATEMENT OF CASE
This is an auto versus auto accident case occurring on October 10, 2006 at approximately 7:00 p.m. Plaintiff Sandy Smith was traveling northbound on University Avenue crossing the intersection with North Street when defendant Dan Brown, who had been traveling southbound on University Avenue, was making a left turn onto eastbound North Street. The signal at the intersection was green for northbound travel, but Mr. Brown made his turn when it was unsafe to do so. There were SUV vehicles in the no. 1 lane waiting to turn left onto westbound North Street from northbound University which blocked both Mr. Brown’s view of Ms. Smith and Ms. Smith’s view of Mr. Brown. However, Ms. Smith clearly had the right of way as she was heading straight through the intersection on a green light and Mr. Brown clearly had the duty to not make his turn until it was safe to do so.
Plaintiff thus submits that there is no dispute about liability for this accident.
Ms. Smith saw Mr. Brown when he was approximately 7 to 10 feet away. There was no time to avoid the accident at that point. She struck Mr. Brown and, as a result, her car turned 90 degrees to the right. Ms. Smith was knocked unconscious for about 30 to 90 seconds as a result of the accident.
The investigating officer at the scene determined that the accident was solely Mr. Brown’s fault as he violated the left turn statute, Vehicle Code Section 21801(a). He indicated that there was no fault attributed to Ms. Smith. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.