Seattle Personal Injury Lawyer - Automobile Accidents

Woman Injured In Hit-and-Run; State Patrol Seeks Info

Chrissie Cole — Tue, 27 Oct 2009 10:25:00 GMT

A Kent woman, 22, was seriously injured in a hit-and-run accident and now State Patrol is look for people that may have witnessed the accident.

Officers responded to a car vs. pedestrian report at 5:00 a.m. on Highway 515. When they arrived, the victim was found in the middle of the northbound lanes. They believe she was crossing the five-lane highway when she was struck, possibly several times, State Patrol said.

She suffered serious injuries and was taken to Harborview Medical Center in Seattle.

Detectives are asking any witnesses who have knowledge of the incident or who may have hit some debris near the 22400 block of Highway 515 around 5 a.m. to call Detective Stacy Moate at 425-401-7746.

Originally posted at InjuryBoard by Chrissie Cole

Subrogation Shouldn't Affect Settlement Decision

Michael Myers — Sat, 14 Feb 2009 15:25:55 GMT

Washington law allows persons who have been hurt to recover their medical expenses even if they didn’t pay for them. But in most cases it wouldn’t be fair to allow injured persons to keep that recovery related to medical expenses if they didn’t pay for them. So the Courts created a doctrine called subrogation.

Subrogation basically means that someone who pays an expense associated with the medical care necessitated by an accident has a right to be reimbursed if the injured person recovers that expense from the person who caused the accident. But the rule is not absolute and there are some situations where the payor (usually an insurer) doesn’t have to be repaid.

Subrogation is an issue that is likely to come up at the conclusion of a case. It shouldn’t affect the decision whether to settle the case or take it to arbitration or trial. I say that because the issue's going going to be there regardless what decision is made.

The decision whether to settle a case depends on one primary factor: will the plaintiff net more money by settling than taking the case to trial? Subrogation has no effect on that decision. The subrogation issue is the same either way. It's just like taxation. The fact that personal injury awards are not taxed should not affect the decision whether to settle the case or take it to trial.

It concerns me when injured people fret about subrogation. It suggest that they fall into that group that values their claims based on how much they owe on their truck or how much it would take to pay off the mortgage. When those issues are discussed I know that clients are focusing on the wrong issues and are not comparing settlement to the likely range of outcomes at trial.

How much weight do you think should be given to the amount the insurer has to be paid back when making the decision whether to settle?

Originally posted at InjuryBoard by Michael Myers

Holiday "Blast" and Motor Vehicle Accidents--Responsibility When There's Snow and Ice on the Road

Michael Myers — Sun, 04 Jan 2009 09:30:12 GMT

The entire State of Washington was blanketed with snow over the Holidays. With the snow came an enormous number of automobile accidents. We’re often asked whether weather conditions constitute the mitigating factor in accidents or absolved the outside driver from liability.

While many insurance companies fall back on the vague and in many senses meaningless “Act of God” exception, it’s our belief the weather does not absolve drivers from responsibility for accidents.

Not only are weather conditions “foreseeable” based on forecasts and news reports but also weather conditions by and large are readily perceptible to drivers. If there’s snow on the ground, you have to slow down and anticipate to a greater degree then you do when there isn’t snow on the ground. As a result, the allocation of responsibility for accidents should just the same as it is when blue skies predominate and the pavement is bare and dry.

We also received quite a few questions about “black ice”. Black ice is not actually black. It is clear and is a phenomenon that exists typically when the air temperature is above freezing but the pavement remains cold (below freezing) and clear ice forms on it.

Consistent with the analysis above, we don’t think the existence of “black ice” constitutes a defense that relieves the asphalt driver from responsibility. If temperatures are hovering near freezing it can be anticipated and is foreseeable (the legal terminology) that there will be black ice and that vehicle speed needs to be reduced and actions need to be conducted in a smoother and less abrupt way (for instance, brakes need to be applied more slowly and turns need to be executed more smoothly).

If you have any questions about the accidents or injuries that resulted or occurred during the “winter blast” of 2008/2009, please contact us. We look forward to speaking to you.

Originally posted at InjuryBoard by Michael Myers

Median Barriers Again at Issue

Michael Myers — Mon, 03 Nov 2008 23:15:11 GMT

Tragic news from the South End.

An Acura MDX was traveling eastbound on SR-512 when it crossed the median and hit a Toyota pickup truck. The 23-year-old female driver of the Acura was killed. The driver of the pickup was transported to St. Joseph Medical Center in serious condition. A 4-year-old in the pickup was transported to Mary Bridge Children’s Hospital in Tacoma in serious or critical condition.

This accident underscores the need for effective median barriers. Cable median barriers are relatively inexpensive to install. But some authorities question their effectiveness.

It's unacceptable--in an advanced industrial society--not to have effective median barriers on all of our state highways.

Originally posted at InjuryBoard by Michael Myers

Rainy Weather Brings Accident...But is Rain an Act of God?

Michael Myers — Mon, 03 Nov 2008 09:40:29 GMT

The "Act of God" defense is frequently invoked by insurance companies. Far more frequently than we actually experience palpable "Acts of God".

The following were all reported on Friday:

A collision closed three southbound lanes of Interstate 5 near South 178th Street.

There was a rollover crash that blocked the right lanes on the ramp from westbound state Route 520 to southbound I-5 in Seattle.

Another accident closed the southbound lanes of the Battery Street Tunnel.

There was a collision on the left shoulder of northbound state Route 167 at 24th Street and a vehicle was reported facing the wrong way on westbound state Route 16 at the Nalley Valley Viaduct from southbound I-5.

Should the at-fault drivers escape responsibility because it rained hard on Friday? Rain--particularly in Seattle--is a foreseeable event. It's not an Act of God like parting the sea. It's a common weather related event and drivers should exercise increased caution when it's wet out.

The Act of God defense is just one of many that is cynically interposed by insurance companies hoping to exploit primitive notions of personal responsibility.

Originally posted at InjuryBoard by Michael Myers

Rollover Accident On 520--How Much Responsibility Should Be Attributed to the State?

Michael Myers — Sun, 02 Nov 2008 22:32:46 GMT

On Halloween a vehicle rolled while negotiating a turn on the ramp from westbound State Route 520 to southbound Interstate 5.

I take that same route almost every time I drive into work. The turn is tight and people go too fast around it.

The State is responsible for designing and constructing safe highways. But where does the State's responsibility end and personal responsibility start? Or is there an overlap between state and personal responsibility?

I think there's an overlap. And the law seems to support my view.

When there is an overlap of responsibility, a concept called comparative fault of comparative negligence comes into play. It's an evolved concept that allows persons to recover a portion of their damages even if they are not fault free.

Originally posted at InjuryBoard by Michael Myers

Federal Way Fatalities Underscore Importance of UIM Coverage

Michael Myers — Sun, 02 Nov 2008 22:04:08 GMT

Two people were killed last week in Federal Way. Authorities indicate that a 51-year-old Puyallup shot across the median near and hit four southbound cars. Reports suggest that he was under the influence.

The two people killed in a multiple-car accident Thursday on southbound Interstate 5 in Federal Way have been identified as Robert Galaviz, 55, of Federal Way, and Georgina Steele, 61, of Seattle, the Washington State Patrol reports.

The accident underscores both how fragile life can be and the importance of carrying as much UIM (un or under insured motorist) coverage as you can afford. UIM coverage provides a source of recovery for you or your family if you are injured by an un or under insured driver.

Experience suggests that in this case that the at-fault driver--apparently loaded at six in the evening--lacks adequate insurance or assets to compensate the victims who lived for their personal injury claims or the families of those who didn't when they bring wrongful death actions.

Originally posted at InjuryBoard by Michael Myers

Head On Accident on Highlands Drive Highlights Need to Maximize Insurance Coverage

Michael Myers — Sun, 02 Nov 2008 21:50:46 GMT

A two-car, head-on crash shut down Highlands Drive on Friday. Ambulances transported both drivers to Harborview Medical Center in Seattle.

One of them was a 21-year-old woman, the driver of a BMW, who was in critical condition, according to Issaquah Police Deputy Chief Steve Cozart. She was heading uphill (southbound) on Highlands Drive, crossed the center line and hit a Toyota Corolla head on, he said.

The accident will be investigated by one of the major accident response teams. But regardless what caused the accident, both drivers will need medical attention and will likely miss work.

This emphasizes the importance (from the at-fault driver's perspective) of carrying as much liability and PIP (personal injury protection) as she can afford. From the fault-free driver's perspective, it emphasizes the importance of carrying as much PIP and UIM (un or under insured motorist) coverage as he can afford.

It's important to note that even though you are not responsible for an accident, the at-fault driver's insurance will not pay for your medical bills or lost wages until you are ready to settle your claim in its entirety.

Originally posted at InjuryBoard by Michael Myers

Good Hands? More Like Hands in Your Pocket. Insurance Companies and Demands for Repayment

Michael Myers — Mon, 20 Oct 2008 18:31:57 GMT

Even after your case settles, an arbitration award is entered or a judgment rendered, your problems aren’t over. Your insurance company – whether you pursued a claim against the at-fault driver or prosecuted a UIM claim – will want to recoup at least some of the benefits it’s paid to you.

There are a couple of strategies that can be employed to lessen or eliminate this repayment obligation. One of them involves utilization of the Sherry case. The decision in Sherry holds that if there is any allegation of comparative fault, you do not have to pay back your own insurance company. It is also possible, in the UIM context, to allege that your UIM carrier failed to deal with you in good faith and to offset this UIM claim against any repayment obligation.

This repayment issue and the related strategies to address it underscore(s) the importance of retaining competent personal injury counsel to assist you from the inception through the conclusion of your case.

Originally posted at InjuryBoard by Michael Myers

PIP and UIM Coverage--Essential Even for Pedestrians

Michael Myers — Sun, 05 Oct 2008 23:28:45 GMT

"I have full coverage." That's what we often hear. People may think they have "full coverage" but further investigation usually reveals that they only have liability and comprehensive coverage. That's good, but they need PIP and UIM coverage too.

PIP and UIM coverage not only provide benefits when you're injured in an accident in your car or someone else's vehicle. They also provide benefits if you're involved in a pedestrian versus motor vehicle accident.

A post at the KOMO site provided information about a 48 year old man who was run down at the intersection of Denny and Westlake on Friday:

Officers responded to the accident at about 7:35 p.m. Friday, said Seattle police spokesman Jeff Kappel.

The victim was transported to Harborview Medical Center in Seattle. There was no word on his condition.

The impact knocked one of the man's shoes off, which was still sitting in the street long after the accident.

Witnesses said the man was hit by a dark-colored sedan, possibly a Honda. The driver of the car fled the scene, heading east on Denny Way.

In this instance the 48 year old man has both PIP and UIM claims under his own policy of insurance. But because his UIM carrier steps into the shoes of the at-fault (and, here, phantom) driver, he needs competent personal injury counsel.

Originally posted at InjuryBoard by Michael Myers