Automobile Accident
In a case where our client had two back surgeries, we recovered a $4.9M settlement.
Khashayar Law Group recovered a $4.9 million settlement for a client severely injured in a red-light collision at the intersection of Von Karman Avenue and Michelson Drive in Irvine, California — a result that overcame substantial pre-existing-condition defenses through aggressive trial preparation and comprehensive medical-causation evidence.
The Case
This case stems from a collision on October 11, 2017. The Defendant, employed by Sober Living by the Sea, Inc., ran a red light while distracted by his flip phone and struck our client's vehicle on the left side. Police found the Defendant at fault under California Vehicle Code section 21453(a), noting his admission and witness accounts.
The impact was severe, totaling both vehicles. Our client required extraction from his vehicle by the Orange County Fire Department and was treated at HOAG Emergency Department. Medical procedures included an Anterior Cervical Discectomy and Fusion (ACDF) and chondroplasty — two back surgeries directly attributable to the crash forces.
Legal Strategy and Outcome
The case presented two major defense challenges:
- Pre-existing conditions the defense argued were the true source of his pain and surgical needs
- Employer liability dispute regarding scope of employment
Khashayar Law Group built the case by:
- Documenting the asymptomatic state of the pre-existing conditions before the crash through pre-incident medical records
- Establishing crash causation for the surgical interventions through neurosurgical and orthopedic expert testimony
- Proving "eggshell plaintiff" liability — California holds defendants liable for the full extent of harm even when the plaintiff was more vulnerable due to pre-existing conditions
- Establishing the defendant's scope of employment
- Preparing the case fully for trial
Our trial-setting tactics overwhelmed the defense firm. Previous low offers escalated significantly, and the case settled for $4.9 million.
Why This Result Matters
- Pre-existing conditions do not bar recovery under California's eggshell plaintiff rule.
- California Vehicle Code §21453(a) and the red-light rule. A driver who runs a red light is presumptively at fault.
- Trial-ready firms get better settlements.
Frequently Asked Questions
Can I still recover if I had pre-existing conditions before my auto accident?
Yes. California follows the eggshell plaintiff rule — a defendant is responsible for the full extent of harm caused, even if the plaintiff was more vulnerable to injury due to pre-existing conditions. Our $4.9 million Irvine settlement was recovered despite substantial pre-existing-condition challenges.
What is California Vehicle Code section 21453(a)?
CVC section 21453(a) requires drivers facing a steady circular red signal to stop and remain stopped. A driver who runs a red light is presumptively at fault.
How does respondeat superior work in California auto accidents?
Under California law, an employer is vicariously liable for an employee's negligence committed within the scope of employment. This expands the pool of defendants and available insurance.
How much is my California auto accident case worth?
Case value depends on injury severity, medical costs, lost wages, permanence of injury, and available insurance. Our $4.9 million result involved two back surgeries (ACDF and chondroplasty).
What is the statute of limitations for a California auto accident?
Two years from the date of injury under California Code of Civil Procedure section 335.1. Government entity claims require six-month notice under Government Code section 911.2.
What injuries commonly require ACDF surgery after a car accident?
Anterior Cervical Discectomy and Fusion (ACDF) is commonly required after high-impact crashes that damage cervical discs and cause radiculopathy or myelopathy.
How much does a San Diego auto accident attorney cost?
Khashayar Law Group represents auto accident clients on a contingency fee basis. You pay nothing upfront. Initial consultations are free.
About Khashayar Law Group
Daryoosh Khashayar leads Khashayar Law Group. With over 20 years of trial experience, Mr. Khashayar is an ABOTA member and has recovered over $165 million for clients. Related results: $61.5M verdict, $5M truck, $4M wrongful death. View all case results.
San Diego Service Area
- Little Italy: 1350 Colombia St. Ste. 303, San Diego, CA 92101 — (858) 509-1550
- Downtown: 501 W Broadway, Suite 800, San Diego, CA 92101 — (760) 806-4388
- Carmel Valley: 12636 High Bluff Dr. Suite 400, San Diego, CA 92130 — (760) 806-4388
- San Francisco: 1 Sansome Street Suite 1400, San Francisco, CA 94104 — (415) 632-3363
Contact Khashayar Law Group
Call 1-858-509-1550 or visit our contact page. The results described are not a guarantee, warranty, or prediction. Every case is unique.
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Angela Ness
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