Legal Issues:
Liability was in dispute after Baragar was rear-ended by Bowers on January 17, 2018. Bowers argued that the collision was unavoidable and that liability should be shared. While Bowers accepted that Baragar was injured, he contested the extent of those injuries, particularly their impact on Baragar’s earning capacity and whether Baragar took reasonable steps to mitigate his injuries.

Key Legal Arguments:
Baragar argued that Bowers was negligent, stating that his vehicle was properly positioned off the road and his tail lights were operational at the time of the collision. Bowers countered that Baragar’s vehicle was in the travel lane without functioning lights, making the collision unavoidable.

Judgment on Liability:
The court found Bowers fully liable for the accident. It ruled that Bowers failed to maintain a proper lookout, especially given the dark and rainy conditions. The court also determined that Baragar’s tail lights were operational, and his vehicle was either in the right-hand turn lane or on the shoulder.

Costs/Awards:
The court awarded Baragar a total of $778,870.20 in damages, which included $225,000 in non-pecuniary damages, $233,796 for past income loss, $283,000 for future income loss, $28,237 for future care, and $8,837.20 in special damages.