McGee, Lerer & Associates Settles Los Angeles DUI Case for $265K

July 16, 2013 - PRLog -- Los Angeles, California – McGee, Lerer & Associates recently represented a case involving a 41-year-old male client who was injured in a drunk driving accident. The accident occurred on September 10, 2011 at 12:45 p.m. on the 2 freeway in Los Angeles, California.

Their client was a backseat passenger in a Chevrolet 1500 pickup truck. The drunk driver was operating a Toyota Tundra Quad Cab when he made an unsafe lane change, lost control of his vehicle and then struck the Chevrolet pickup. The driver of the Toyota Tundra was arrested for violating California Vehicle Code Section 23152(a), driving under the influence of alcohol or drugs, or both. The drunk driver was also cited for violating Section 22107 (Unsafe Turning Movement).

Their client’s injuries consisted of a cervical disc rapture, for which he underwent a cervical fusion two and a half months after the accident.

The attorneys at McGee, Lerer & Associates settled the case against the drunk driver for his liability policy limit and subsequently pursued an underinsured motorist claim against the insurance policy belonging to the vehicle in which their client was a passenger.

The underinsured motorist carrier for the Chevrolet 1500 argued that the need for cervical fusion was due to a prior motorcycle accident, and not the current drunk driving accident in question. However, McGee, Lerer & Associates presented evidence demonstrating that the earlier accident was minor in nature and that their client had completely recovered before he was in the accident involving the drunk driver. The total settlement amount was for $265,000.

It is common practice for insurance companies to attempt to avoid responsibility for an injury by pointing the finger at an earlier accident, and contending that the claimed injury was pre-existing. The attorneys at McGee, Lerer & Associates aggressively fight any attempt by auto insurance carriers who try to reduce what is owed to a car accident victim by raising the red herring of a prior medical condition.

Under California law, a pre-existing medical condition can render someone what is called an “eggshell plaintiff,” which means that the person is more fragile and susceptible to injury than the average person would be. Under California’s eggshell plaintiff rule, the defendant is liable for all damages caused by his or her negligence, even in cases where the defendant could not have reasonably foreseen the extent of the harm that he or she caused.  The jury instruction pertaining to aggravation of a pre-existing medical condition is CACI 3927, which states:

“Plaintiff is not entitled to damages for any physical or emotional condition that he/she had before defendant’s conduct occurred. However, if plaintiff had a physical or emotional condition that was made worse by defendant’s wrongful conduct, you must award damages that will reasonably and fairly compensate him/her for the effect on that condition.”

McGee, Lerer & Associates is a husband and wife team with over 38 years of combined experience. 100% of their practice is devoted to personal injury claims. The lawyers at McGee, Lerer & Associates are experienced in handling car accidents which result in the aggravation of a pre-existing medical condition. They will not allow an insurance company to shirk responsibility for the additional harm caused by their negligent insured. To speak with an attorney from the firm 24/7, please call toll free at (800) 999-9948 or visit their website at http://www.pasadenapersonalinjurylawfirm.com/Personal-Injury/Car-Accidents.aspx.