InjuryBoard Seattle Archives

• Municipal Liability for Unsanded Roads

  Michael Myers | January 14, 2007 8:03 AM | 0 Comments
  Category: Automobile Accidents

  As I wrote in a prior entry, a young woman was seriously hurt when an SUV lost control on an icy road. Sixteen-year-old Victoria Zimmerman lost her lower left leg in the accident. Now, Ms. Zimmerman's mother quesitons why the road on which the accident ahppened wasn't sanded. Municipalities can be held liable for not only the negligent things they do (e.g., a city vehicle strikes a...

• Recorded Statements--Only One Hard and Fast Rule

  Michael Myers | January 13, 2007 7:31 PM | 0 Comments
  Category: Automobile Accidents

  After a motor vehicle accident you'll probably be asked to give a recorded statement. A recorded statement is basically a tape recorded interview by an insurance adjuster. The adjuster may be from your insurance company. Or the adjuster might be from the at-fault driver's company. Some attorneys recommend their clients never give recorded statements. This is not the best advice. Recorded...

• Snowy Roads Lead to Accidents and are Particularly Dangerous for Motorcycles

  Michael Myers | January 13, 2007 7:00 PM | 0 Comments
  Category: Motorcycle Accidents

  Snowy roads are treacherous. Particularly for motorcycles. There was a bad accident involving a motorcylist on January 10, 2007. The accident took place on Mercer Island. Motorcyle accidents can be quite different than automobile accidents. Not only are motorcycles less visible than automobiles, the physics of how a motorcycle handles is much different than a car. One good example is...

• Traffic Cameras in Everett

  Michael Myers | January 13, 2007 6:30 PM | 0 Comments
  Category: Automobile Accidents

  Traffic cameras are coming to Everett. They are already used in some other major Washington cities. They are going to play a bigger and bigger role in auto accident litigation and personal injury claims. The cameras will cut out a lot of the "he said--she said" that remains a big part of contested liability motor vehicle accident cases. There are already cameras on many parts of I-5 but a...

• Icy Roads--A Catalyst for Accidents and Injuries

  Michael Myers | January 13, 2007 6:08 PM | 0 Comments
  Category: Automobile Accidents

  A young woman was seriously hurt when an SUV lost control on an icy road. Sixteen-year-old Victoria Zimmerman lost her lower left leg in the accident. This extremely unfortnate accident brings several points to mind:1. Pedestrians struck by automobiles are entitled to benefits under the at-fault driver's PIP policies. 2. Icy roads are no excuse--drivers are responsible for the injuries they...

• Forum Selection Clauses

  Michael Myers | January 03, 2007 9:15 AM | 0 Comments
  Category: Miscellaneous

  A "forum selection clause" is a portion of a contract that specifies where a particular dispute will be litigated. Sometimes these clauses are enforceable. Other times they are not. The Holland America forum selection clause--which makes Seattle the exclusive place to litigate Holland America passenger injury claims--is enforceable. If suit is filed outside the Western District of Washington...

• Health Club and Other Disclaimers

  Michael Myers | January 03, 2007 8:37 AM | 0 Comments
  Category: Property Owner's Liability (Slip & Fall)

  We see disclaimers almost every day. And just about as frequently we're asked whether they're effective. Like with most legal questions, the answer is "it depends". The general rule is pretty easy to articulate. In Washington exculpatory clauses are enforceable unless (1) they violate public policy; (2) the negligent act falls greatly below the standard established by law for protection of...

• Popular Misconceptions: If I make an insurance claim my rates will go up

  Michael Myers | January 03, 2007 8:34 AM | 0 Comments
  Category: Automobile Accidents

  Many people suffer from a special form of cognitive dissonance related to insurance. They are more than willing to pay monthly, quarterly or annual premiums for their homeowners and auto insurance but, when it comes time to enjoy the benefits of that insurance coverage, they are reluctant to make claims. The most common objection is that they believe their rates will go up. The second most...

• Popular Misconceptions: If I have an attorney help me with my claim I will net a lot less mone

  Michael Myers | January 03, 2007 8:29 AM | 0 Comments
  Category: Automobile Accidents

  Many people choose to handle their personal injury claims on their own. They do so not because they have any particular expertise but because they think that by retaining an attorney they will end up with a lot less money than if they handled the claim themselves. Studies show that represented persons recover over three times as much as unrepresented persons. That means, even after a...

• Loss of Chance

  Michael Myers | January 03, 2007 8:14 AM | 0 Comments
  Category: Medical Malpractice

  The doctor fails to diagnose your cancer. The doctor didn't cause your cancer. But what he caused was for you to lose the chance of getting better. A Washington decision called Herskovitz v. Group Health Cooperative of Puget Sound is the leading case in this area of professional liability. In Herskovitz, plaintiff had visited the defendant's hospital with complaints of chest pain and...