Walker

I. FACTUAL AND PROCEDURAL BACKGROUND1

A. Trial evidence 1. Walker’s testimony On Friday, March 4, 2016, Walker was in her vehicle, wearing her seat belt, and stopped in the left lane at a traffic light on Brokaw Road in San Jose. It had been

Our summary of the facts is taken from the reporter’s transcript and the portions

of the written record contained in the clerk’s transcript. “raining hard” that day. Walker suddenly felt a “hard jolt” to the back of her car and she was “jolted forward.” The man who collided with her, Nguyen, came up to her window and asked if she was all right. Walker replied “ ‘Well, I don’t know. . . . I’m really shook up.’ ” Walker and Nguyen pulled their cars over to the side of the road, and Walker inspected her vehicle noticing that there was “damage to [her] bumper and [her] side panel where the gas cap is.” She was able to drive away from the scene of the accident. Walker, who was on her lunch break at the time of the accident, returned to work for the rest of the day. She did not feel any pain until “Saturday evening” or Sunday. Walker contacted her primary care physician and made the first available appointment for the following “Tuesday…