Seattle Personal Injury Lawyer - Automobile Accidents - Most Popular

Another Hit and Run Collision Highlights Importance of UIM Coverage

Michael Myers — Wed, 25 Nov 2009 09:22:24 GMT

Unfortunately we've had a spate of hit and run collisions in the Seattle area. This time it involved a worker just doing his job. The Seattle PI reported:

A maintenance worker was the victim of a hit-and-run in Bellevue's Hidden Valley Park area on Wednesday afternoon. Bellevue police said the victimwas blowing leaves when a car hit him and sent him flying roughly 25 feet.

Even if you don't have UIM coverage, your employer may. In this case the worker was near his work truck. It's possible that--based on his proximity to the truck--his employer's UIM coverage will apply and provide a source of compensation for his damages.

Originally posted at InjuryBoard by Michael Myers

1 Killed, 2 Injured in Alcohol Related Car Accident

Michael Myers — Mon, 27 Mar 2006 14:32:13 GMT

On Sunday at approximately 2 a.m., an SUV crossed the center line on a British Columbia highway and collided with an oncoming car. The driver of the car died at the scene. The passenger in the car suffered injuries and was taken to St. Joseph Hospital in Bellingham. The SUV's driver and passenger also suffered injuries and were taken to St. Joseph Hospital. Authorities believe alcohol was a factor in the accident.

The family of the victim, and those injured in the accident, should contact a personal injury attorney right away. An attorney can provide the victims with options and preserve their claims in the context of an international car accident. For more information, please see: Alcohol Related Crash Kills 1, Injures 3.

Originally posted at InjuryBoard by Michael Myers

Two injured in truck accident off Highway 520 in Redmond

Michael Myers — Thu, 31 Aug 2006 08:46:00 GMT

Two people were injured, including one who was airlifted to Harborview Medical center when a semi-trailer truck apparently lost its brakes and drove out of control down an eastbound off ramp from Highway 520 in Redmond. The truck crossed West Lake Sammamish Parkway near Marymoor Park, knocking over road signs as it went off the road, and then careened over about a 30-foot-embankment before coming to rest upside down in the Sammamish Slough, the Redmond Police Department reported.

In situations like this injured persons may have claims against not only the driver of the truck and his employer but also the persons responsible for maintaining the truck or the truck's manufacturer. Similarly, if the brake failure was caused by a mechanic or manufacturer, the driver of the truck would also have claims for his personal injuries.

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

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

Judge Tosses Out BAC Results in U-Haul Suit

Mark McLean — Tue, 21 Aug 2007 15:39:38 GMT

Maria Federici suffered severe personal injuries--including (permanent) blindness, shattered bones in her face and severed arteries--when cargo from a U-Haul trailer in front of her fell out of the trailer and hit her vehicle. The accident and Ms. Federici's subsequent injuries led to "Maria's Law" which mandates stricter tie-down requirements and increases penalties for violators.

Apparently Ms. Federici drank a glass of wine shortly before driving home from work. A Blood Alcohol Test revealed her BAC to be between 0.06 and 0.11. However, prominent Harborview Medical Center physicians testified that the test was not accurate because "her near-death condition caused a reaction in her blood stream that gave an inaccurate result."

As a result, King County Superior Court Judge Glenna Hall tossed the test out, ruling that its prejudicial value was outweighed by its probative value--meaning that jurors would likely (and unfairly) place too much weight in the faulty test when viewed in relation to the helpful value it would provide.

Maria's case provides another example of how people shouldn't hesitate to bring a personal injury claim even when the insurance adjuster or company official for the at-fault party asserts that damaging evidence precludes it. The BAC test was damaging to Maria's case--but it also wasn't accurate. And under the law, it will not be used against her. Experienced attorneys can help evaluate your claim--and let you know what evidence probably will and likely will not be used against it.

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

Originally posted at InjuryBoard by Mark McLean

Accident Leaves Seven Mile Backup on I-5 and Boy Seriously Injured

Michael Myers — Fri, 31 Aug 2007 08:22:21 GMT

Accidents seem to happen more frequently over the summer. Last weekend was no exception.

A seven-vehicle crash on Interstate 5 just south of the King-Pierce county line Saturday morning left a 14-year-old boy seriously injured and closed all southbound lanes of the freeway for more than five hours.
At its worst, traffic on southbound I-5 was backed up seven miles, nearly to Kent, said Lauren Penning, a spokeswoman for the state Department of Transportation. Highway 18, to which traffic was diverted, was gridlocked in both directions between I-5 and Highway 167, and northbound I-5 was backed up for three miles, she added.
The accident occurred about 10:30 a.m. when a northbound car swerved to avoid a car stopped in traffic, State Patrol spokeswoman Brandy Kessler said. It rolled and jumped the median into southbound traffic, creating a chain-reaction crash that eventually involved seven vehicles.

Reports from the Seattle Times and other sources indicate the 14-year-old boy sustained life-threatening head injuries and was taken to Mary Bridge Children's Hospital in Tacoma. They also indicate that he was not wearing a seatbelt at the time of the accident. Under Washington law failure to wear a seatbelt cannot be introduced into evidence and does not diminish the injured person's right to recover money damages.

For more informtion on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Michael Myers

Elderly Driver Who Caused Collision Struggled With Confusion

Michael Myers — Mon, 16 Jan 2006 10:09:33 GMT

The 88-year old Everett man who caused a fatal head-on collision while driving the wrong way on Interstate 5 had struggled with bouts of confusion prior to the accident. In December, Walter Van Heukelem left his nursing home, drove against traffic and crashed into 27-year old Jeremiah Watkins. Mr. Van Heukelem and Mr. Watkins were both killed in the crash.

Mr. Van Heukelem had been living at the Sunrise Nursing Home, an assisted living center in Everett, for approximately one month prior to the accident. Family members indicated that Mr. Van Heukelem had moved into the nursing home because of his recent struggles with frustration and confusion. Despite these symptoms, Mr. Van Heukelem continued to drive between Sunrise and his previous residence.

More information about the crash can be found at the following site: Elderly Driver Suffered From Confusion.

This unfortunate accident underscores the need for individuals to carry as much automobile insurance as they can afford. Driving can be a dangerous and unpredictable endeavor and maximizing oneâ€™s insurance is the only way to guard against unexpected tragedies.

The accident also raises important questions regarding elderly drivers. For example, what responsibility should an assisted living center have for the actions of its residents? What steps can be taken to guarantee that elderly drivers are competent while also protecting their rights?

Originally posted at InjuryBoard by Michael Myers

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

Car Drifting Across Four Lanes of Traffic Strikes and Kills Jogger

Ryan Nute — Mon, 17 Dec 2007 12:03:52 GMT

A jogger was hit and killed by a motorist Saturday while jogging down Duvall Avenue Northeast in Renton, Washington. The 37-year old jogger was traveling along the northbound lanes when a southbound car drifted across four lanes of traffic and hit the jogger from behind. The car then went down an embankment. The 34-year old driver sustained injuries.

I take some personal interest in these stories because I ride my bike to work every day and see firsthand how important it is for all users of the road to pay careful attention. A car versus a bike or pedestrian is simply no contest. It's stunning to me how unsafe our roads are and what a price we pay for our car-centered lifestyles.

It seems pretty clear to me that drifting across four lanes of traffic is negligent unless the driver was trying to avoid a sudden emergency.

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

Originally posted at InjuryBoard by Ryan Nute