Seattle Personal Injury Lawyer - Automobile Accidents - Most Commented

Vanessa Taylor Dies in One Car Accident

Michael Myers — Sun, 29 Oct 2006 17:00:06 GMT

A 21-year-old Oregon woman died at the scene of an early morning car crash Saturday in the 3800 block of Seabeck Highway near Calamity Lane Northwest.

Vanessa Taylor, of Milwaukie, Ore., was riding in the passenger seat of a 1989 BMW 325 just after 2 a.m. when the driver, 21-year-old Joshua Demers of Silverdale, failed to make the curve near Camp Wesley Harris and drove off the edge of the road, according to the Kitsap County Sheriff's Office.

This is a tragic situation. It would be made even more tragic if Ms. Taylor's family did not initiate a probate so that her wrongful death claim can be pursued.

Originally posted at InjuryBoard by Michael Myers

Suing A Friend- Not As Bad As It Sounds

Michael Myers — Wed, 10 Mar 2010 10:56:04 GMT

A one-car accident in Auburn highlighted a recurring issue. When is it okay to sue a friend?

A story last week described an accident where a car tumbled 20 feet down an embankment.

Two women and one man in their 20's suffered multiple traumatic injuries in a single-vehicle accident in the 5200 block of Kersey Way Southeast in Auburn the evening of Tuesday, March 3.

Sometimes one-car accidents are the result of a malfunction (e.g., the sticking Toyota accelerator pedals) or a poorly designed or maintained road. But usually they're caused by driver error. If that's the case here, the passengers have claims against the driver.

Because passengers are typically friends or relatives there can be some (initial) reluctance about making a claim. Passengers ask: Are we making a claim against my friend or against her insurance company?

Initially, the claim will be presented to the drivers' insurance company. If the driver's insurance carrier doesn't take responsibility and make a fair offer to settle the case, the next step is filing suit. In Washington the driver responsible for the accident (rather than his or her insurer) has to be sued.

So, looping back around, it's going to be necessary to sue a friend or family member if you're injured in a one-car accident. But here's the rub: your friend or relative purchased insurance to cover a situation where someone else was hurt as a result of their negligence. Not filing suit is not helping anyone other than the insurance company. And frankly, who wants to do that?

Originally posted at InjuryBoard by Michael Myers

No Insurance, No License, No Problem

Michael Myers — Mon, 20 Sep 2010 13:07:02 GMT

The attorney's tag line in a Spanish-language newspaper read: "No Insurance, No License, No Problem." Not necessarily something we'd use for our firm, but it definitely caught my attention.

A lot of people – whether they speak English, Spanish or some other language – have preconceived notions about personal injury claims. A lot of people think that they can't seek damages if they’re involved in an accident and don't have a driver's license. While a driver’s license is required by law to operate a motor vehicle, it is not required by law to bring a personal injury claim. If you’re rear-ended while stopped at a traffic signal it doesn’t matter whether you have no license, a suspended license, a revoked license or valid license. You still have a personal injury claim against the person who hit you from behind.

The same thing’s true about insurance. The State of Washington requires drivers to carry certain minimum liability limits. Insurance is necessary in order to operate a motor vehicle. But like a driver’s license, is not necessary to have insurance in order to bring a personal injury claim. You can still recover even if you didn't have insurance at the time of an accident.

Again, same point holds true about citizenship. It’s not necessary to be a U.S. citizen in order to bring a personal injury claim in the United States. While some challenges may exist in terms of recovering lost wages, the remainder of personal injury damages is certainly within the reach of someone who’s going to stay in this country or lives here and lacks either citizenship or proper documentation. The fact that you don't have U.S. citizenship or a green card does not preclude a personal injury case. Further, we’ve never encountered a situation where pressing a personal injury claim has resulted in any negative immigration action. The two are not connected.

If you’ve been hurt by someone else who wasn’t paying attention, was driving too fast or lost control of their vehicle, you deserve to be compensated. Don’t rule out a claim until you speak with a personal injury attorney.

Originally posted at InjuryBoard by Michael Myers

Insurance Limits: When Less is More

Michael Myers — Thu, 02 Sep 2010 17:52:11 GMT

Washington law requires all drivers to carry minimum insurance limits. Specifically, drivers are required to carry liability limits of $25,000 per person and $50,000 per accident.

I’ve railed before about how these limits are inadequate to cover the damages caused by anything more than minor accidents. However, there are some advantages to the injured person when the at-fault driver carries relatively low limits.

For a variety of reasons – both based on the internal policies and Washington law – insurance companies don’t want to risk a verdict that exceeds the limits of liability that have been written for their insured. These internal and external factors cause insurance companies to (frequently) pay more than they should in cases where the injured person’s damages approach the limits of liability.

For example, it’s much more likely that an insurance carrier will pay $100,000.00 to a person with $30,000.00 in medical bills if its limits are $100,000.00 than it will pay $100,000.00 to that same person if the limits are $1,000,000.

Sometimes this is difficult for injured people to absorb. The limits carried by the at-fault driver anchor the injured person’s thought process and come to represent what the insurance company should pay to settle a case. I can’t tell you the number of clients I’ve represented who have had $10,000.00 in chiropractic care who find out the at-fault driver carries $1,000,000 in coverage and decide that means they should be paid $1,000,000 to settle their case.

The amount of insurance coverage carried by the at-fault driver definitely can have an effect (frequently an upward effect) on how much is paid on settlement. Dynamically, it’s oftentimes better to have relatively low limits (or at least limits that are slightly more than the probable value of the case) then it is to have a huge commercial policy with $5,000,000 in coverage. If there’s $5,000,000 in coverage, it’s unlikely that the insurance company will pay any premium for the case and, if the injured person isn’t realistic in assessing the value of their claim, the carriers litigate the case through the trial and let a jury decide how much it’s worth rather than settle it.

Originally posted at InjuryBoard by Michael Myers

Allstate Will Not Settle Low Impact Cases for Fair Market Value

Michael Myers — Sat, 20 Sep 2008 13:39:45 GMT

We represented a smart, articulate accountant earlier this year. She was involved in a low-impact accident. Allstate insured the at-fault driver. It offered the accountant less than $1,500 despite the fact she underwent three months of physical therapy, massage and acupuncture treatments.

Before filing suit we provided Allstate evidence corroborating the accountant’s medical expenses and wage loss. Allstate refused to budge and went so far to claim that the accountant's back and neck pain was the result of a long-resolved divorce. This cynical defense—that physical pain is the result of pre-existing emotional issues—is used in many if not most cases by Allstate. Allstate also argued that it’s client, who clearly violated the right of way, was not responsible for the accident.
We arbitrated the case under King County's Mandatory Arbitration Rules. The arbitrator awarded over 30 times Allstate’s highest offer. This case reinforced our long-standing impression: Allstate is not going to offer fair market value on personal injury claims—particularly low impact claims. These cases must be litigated to conclusion.

Originally posted at InjuryBoard by Michael Myers

Centralia Crash Leaves Two Dead

Mark McLean — Tue, 07 Aug 2007 15:17:13 GMT

Two people died following a car crash near Centralia last week. Apparently, the driver was speeding, left the roadway and hit a tree, killing both himself and a passenger.

The driver of a 1990 Honda Civic, Gabriel S. Escamilla, 35, of Centralia, and passenger Candace M. Leyva, 21, were headed eastbound on Seminary Hill Road about 9:50 p.m. when the car left the roadway at Grimes Road and hit a tree. Both died at the scene.

When a passenger is injured or dies in an accident that was caused by the driver, the passenger (or her family) can pursue a claim against the driver. The claim will probably be covered under both the driver's liability insurance policy as well as the passenger's own "UIM" (under-insured motorist) insurance policy (if the driver's policy is not sufficient to cover the damages). Even if the driver has limited personal assets, the claim is still very much worth pursuing due to coverage under multiple insurance policies.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Mark McLean

It is Important to Consult an Attorney After Suffering a Traumatic Brain Injury

Michael Myers — Mon, 25 Jun 2007 11:39:10 GMT

Consultation with an attorney following any traumatic brain injuries it is important to remember reason. The first and most obvious is where there will inevitably be - legal action. Common examples where this is done is a motor vehicle accident.

In addition to circumstances where there will be a legal action there are many other reasons why it is important to consult with an attorney after suffering a brain injury. For instance, an attorney can maximize public benefits such as Social Security disability benefits. Further, they can assist with benefits available through Medicare and private health insurance, disability insurance and PIP (personal injury protection) coverage.

Like with any other profession, not all attorneys are qualified to provide this type of assistance. It is important that you make sure the attorney with whom you consult has experience handling personal injury actions involving brain injuries and also maximizing the benefits available to persons who suffered brain injuries.

Clearly, money is a concern after suffering a traumatic brain injury. However, the majority of experienced personal injury attorneys who assist people with brain injuries will not only consult with persons, but will also handle their cases on a contingent basis. The term contingency - when applied in this context - means that the attorney will represent the injured person (and their family) for a fee that is payable only when there is a recovery from the at-fault party - this means that the injured person or their family does not have to pay any money up front and in the unlikely event there is no recovery, does not have to pay any fee to the attorney.

For more information on this subject, please refer to our subject on Head and Brain Injuries.

Originally posted at InjuryBoard by Michael Myers

Talking to Juries

Michael Myers — Thu, 08 Mar 2007 09:25:50 GMT

Jury service has been described as one of the most valuable civic functions. In fact, many people think it second only to serving one's country on the battlefield.

These types of statements are made in almost every closing argument. However, they are often cloaked in archaic formality.

It's not a great strategy to Thomas Jefferson, Abraham Lincoln or other historic figures who do not necessarily have relevance to today's jurors. The better practice seems to be simply to express gratitude that six or eight or twelve or fourteen busy people have taken the time to actually sit on the jury and not manufactured excuses to avoid service.

It is also important to keep in mind that people tend to meet your expectations for them. If you let the jury know that it is your expectation that they make a decision based on the court's instructions regarding the law and the evidence they have seen rather than on the insurance company's hyperbole, it is more likely than not they will meet these expectations.

It's important to deliver these and other messages to the jury in a direct and conversational manner consistent with everyday life. Fancy speeches and foreign words are not the best tools of persuasion and usually indicate that the speaker does not really understand or believe in the subject matter.

Originally posted at InjuryBoard by Michael Myers

Women With Breast Implants and Car Accidents

Michael Myers — Mon, 09 Oct 2006 10:05:44 GMT

Women involved in motor vehicle accidents who have breast implants should request mammograms when they visit their medical providers. There is evidence that women involved in car crashes are at higher risk of having their implants rupture or leak following a collission. This type of pro-active assessment and treatment can be recovered in a personal injury action even if there isn't a rupture or leak. It makes sense to err on the side of caution.

Originally posted at InjuryBoard by Michael Myers

Woman Killed in Accident on Viaduct

Michael Myers — Tue, 03 Jan 2006 09:06:10 GMT

On Monday, January 2, 2006 Lyndsy Sansaver died after being thrown from the back seat of a blue Toyota that was involved in a single car accident on the Alaskan Way Viaduct in Seattle. Ms. Sansaver was 16 years old. The accident occurred at approximately 1:00 a.m. and closed northbound lanes on the viaduct for over five hours.

Police investigating the accident stated that the driver of the Toyota was speeding and ran into both sides of the viaduct. The driver and a female passenger sitting in the front seat sustained minor injuries. Police are investigating the driver for being under the influence of alcohol.

More information about this accident can be found at the following links: Viaduct Accident Kills Female Passenger; Teen Dies in Viaduct Wreck.

Ms. Sansaver's family has a cause of action against the driver of the Toyota. They can sue her personally and recover compensation under her underinsured motorist policy. If the driver has personal assets the family can seek them to satisfy a judgment. In any event, Ms. Sansaver's family should contact a personal injury attorney to discuss their options.

Originally posted at InjuryBoard by Michael Myers