Our client was driving southbound on Cumberland, approaching Bryn Mawr in Chicago, Illinois. The defendant was driving northbound on Cumberland approaching Bryn Mawr. The intersection of Cumberland and Bryn Mawr is controlled by a four-way stop light. The plaintiff had a green light at Bryn Mawr so she entered the intersection and continued driving southbound.
The at fault driver intended to make a left turn from Cumberland onto westbound Bryn Mawr. The defendant failed to yield the right-of-way to our client and entered the intersection when it was not safe to do so. He turned into her path and hit the front end of her vehicle with the front passenger side of her own. The force of the impact jolted the plaintiff forward and back violently in her seat.
The Chicago Police Department responded to the scene of the collision and determined the defendant was at fault. The negligent driver received a citation for failure to yield the right-of-way at an intersection while turning left.
We alleged to the defendant's insurance carrier that their insured failed to keep a proper lookout, was driving at an excessive rate of speed, failed to yield the right-of-way at an intersection before making a left hand turn, and failed to exercise due care for the safety of those in the area, including the Plaintiff. Based upon the facts and circumstances surrounding the occurrence at issue, it was clear that the sole proximate cause of the collision was the negligent conduct of their insured.
Following the incident the plaintiff had an onset of back, neck and abdominal pain. She was 31 weeks pregnant at the time of the collision.
She was taken from the scene of the occurrence by ambulance to Resurrection Medical Center’s Emergency Department. A history was taken, she was examined and diagnostic tests were performed. She complained of abdominal pain and pressure and was concerned about her pregnancy. She also had pain in her back that radiated down into her left leg. She was discharged and instructed to follow up with a physician as needed.
Due to ongoing and increasing pain, she followed up with a doctor on September 1, 2010. She complained of headaches, pain, stiffness, and numbness in her neck, radiating numbness to both shoulders, severe lower back pain radiating to both legs, and left leg pain. A history was taken and she was examined. She had severe tenderness and muscle spasms on palpation over her cervical spine and thoracic spine muscles, tenderness in both shoulders and severe tenderness in her lumbar spine. She also had limited range of motion in her cervical and lumbar spine. Diagnosed her with musculoligamentous injuries of the cervical, thoracic and lumbar spine as well as sciatic and contusion of the head. Due to her pregnancy, a course of physical therapy was recommended and she was instructed to follow up for more treatment.
Our client returned to her physican on September 24, 2010. At that time, she continued to complain of headaches, neck numbness and stiffness, severe lower back pain that radiated into both legs, and radiating numbness in her shoulders. Her injuries were so significant that she was having trouble concentrating and sleeping. The doctor again examined her and maintained a diagnosis of musculoligamentous injuries of the cervical, thoracic and lumbar spine as well as head contusion. As she was 34 weeks pregnant, he instructed her to stop physical therapy for the time being and to resume physical therapy after she delivered her baby.
The plaintiff next treated on December 1, 2010, where she continued to complain of severe pain in her low back that radiated into her left leg. On exam, she had severe tenderness and limited range of motion in her lumbar spine. She was with musculoligamentous lumbosacral spine strain and instructed her to return to physical therapy.
She returned to physical therapy for a period of time.
The claim settled for the defendant's insurance policy limits of $25,000.