Seattle Personal Injury Lawyer - Automobile Accidents - Most Popular

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

Relationship Between PIP and Medical Insurance

Mike Myers — Wed, 27 Jul 2011 13:47:03 GMT

You're involved in a motor vehicle accident. You're injured. There's pain, anger, anxiety and confusion.

The relationship between the personal injury protection (PIP) you paid for as part of your auto insurance policy and your health insurance isn't the first thing on your mind. But, getting it right the first time avoids a lot of confusion and hassle later.

Between the two coverages your PIP is “primary”. That means that it needs to be used first and exhausted before your health insurance will start paying your accident in the way of medical expenses. Most people have $10,000.00 in PIP coverage.

PIP coverage – unlike health insurance – pays 100 cents on the dollar for your care. After your PIP coverage is exhausted (for most people that means PIP has paid $10,000.00 in medical expenses) your health insurance carrier needs to be provided with what's called an "exhaustion letter" confirming that there is no more PIP coverage and it needs to start paying your bills.

It's tough to make a seamless transition between PIP and health insurance but most providers have the ability to wait for a little bit while that transition is made. Their billing departments should be familiar with the transition that takes place between PIP and health insurance once PIP is exhausted.

Distilling all of this:

Provide your PIP information to your health care providers immediately after the accident.

Periodically request a copy of the PIP ledger from your auto carrier. This will show you how much PIP coverage remains.

Once you start getting close to your limits provide your health care providers with your health insurance information so they can bill it when PIP is exhausted.

One other thing (and this may be a topic of an entirely separate blog). Do not provide your health care providers with the other driver's insurance information. Unless you are a pedestrian the other guy's insurance is not going to cover your expenses at the outset of the case. There's a big difference between PIP and liability insurance and I'd be happy to explain that to you if you have questions.

Originally posted at InjuryBoard by Mike 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

Sin seguro, Sin licencia, No hay problema

Michael Myers — Mon, 20 Sep 2010 18:39:52 GMT

La línea de unos abogados en un periódico en español decía: "Sin seguro, sin licencia, no hay problema." No necesariamente algo que tendría que utilizar para nuestra empresa, pero sin duda me llamó la atención.

Mucha gente - ya sea que hablan Inglés, español o algún otro idioma - tienen nociones preconcebidas sobre demandas por lesiones personales. Mucha gente piensa que no pueden pedir daños y perjuicios si están involucrado en un accidente y no tienen una licencia de conducir. Si bien la licencia de conducir es requerido por la ley para operar un vehículo de motor, no es obligado por ley a presentar una demanda por lesiones personales. Si usted es chocado por detrás, mientras que se detuvo en un semáforo, no importa si no tienes licencia, una licencia suspendida, revocada o una licencia válida. Aún dispone de una demanda por lesiones personales contra la persona que le golpeó por detrás.

Lo mismo es cierto acerca de los seguros. El Estado de Washington requiere que los conductores llevan a ciertos límites de responsabilidad mínima. El seguro es necesario para operar un vehículo motorizado. Pero al igual que una licencia de conducir, no es necesario tener un seguro para poner una demanda por lesiones personales. Usted aún puede recuperar, incluso si no tenía seguro en el momento de un accidente.

Una vez más, el punto mismo es cierto acerca de la ciudadanía. No es necesario ser ciudadano de los EE.UU. para poner una demanda por lesiones personales en los Estados Unidos. Mientras que algunos problemas pueden existir en la recuperación de los salarios perdidos, el resto de los daños lesiones personales es, sin duda son al alcance de alguien que va a permanecer en este país o vive aquí y no tiene ni la ciudadanía o la documentación apropiada. El hecho de que usted no tiene ciudadanía de EE.UU. o una tarjeta de residencia no se opone a un caso de lesiones personales. Además, nunca hemos encontrado una situación en la que pulsando una demanda por lesiones personales ha dado lugar a un acción de la inmigración negativo. Los dos no están conectados.

Si usted ha sido herido por alguien que no estaba prestando atención, estaba conduciendo demasiado rápido o perdió el control de su vehículo, usted merece ser compensado. No descartes una demanda hasta que hable con un abogado de lesiones personales.

Originally posted at InjuryBoard by Michael Myers

Aberdeen Woman Killed in Crash on I-5

Michael Myers — Tue, 08 Aug 2006 22:27:32 GMT

An Aberdeen woman (Deborah Vaughn-Alejandro) died on July 30, 2006. She was a passenger in one of four vehicles that were involved in the wreck.

The State Patrol reports that the accident that killed Deborah Vaughn-Alejandro was one of five accidents that took on a portion of I-5 where state Department of Transportation had lanes closed for construction.

In addition to claims agains the at-fault drivers, the injured persons and the family of Ms. Vaughn-Alejandro may also have claims against the Deparatment of Transportation.

If you have questions about your legal rights, please contact us.

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

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

One Dead, One Injured in Southwest Washington Accident

Mark McLean — Tue, 21 Aug 2007 13:32:38 GMT

A pickup truck veered off the roadway, crashed into a tree and went up in flames on Highway 8 near McCleary on Saturday. The driver of the truck was killed and the passenger, Puyallup's Paul Orris, was airlifted to Harborview Medical Center in critical condition.

Matthew A. Lingley, a 26-year-old Graham man, was driving a 1988 Ford flatbed truck eastbound on Highway 8 when the truck left the roadway to the right at 1:40 p.m., traveling off the grassy shoulder, through brush and into a large tree.

After the truck caught on fire, the driver was trapped in the vehicle and died at the scene. Medics pulled the passenger, Mr. Orris, from the vehicle and airlifted him to Harborview.

The exact cause of the accident has not yet been determined. Consequently, three scenarios are likely.

First, one-car accidents like this one often occur as a result of a defect or malfunction with the car (or defective tires) itself. If this is the case, then both the driver's family and the passenger probably have valid claims under Washington's Product Liability Act, which tends to be very consumer-friendly. The driver's family can use the provisions of the Product Liability Act along with provisions from Washington's wrongful death statutes, which give the family of a person killed as a result of someone else's negligence a cause of action to recover damages.

Second, the accident could have resulted from a defect in the design and/or maintenance of the highway or road itself. If this is the case, then the passenger and the driver (and his family) have a potential claim against the government entity (city, county or state) who is in charge of designing and maintaining the roadway.

Third, if there was not a malfunction or defect with the car and the accident was a result of the negligence of the driver, then the passenger has a valid claim against the driver (even though they were riding in the same car). The passenger is likely covered under both the driver's liability insurance policy and his own underinsured motorist ("UIM") policy, if the driver's limits are insufficient to cover the total amount of damages.

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

Originally posted at InjuryBoard by Mark McLean

Winter Driving

Kevin Coluccio — Wed, 18 Jan 2012 15:28:09 GMT

The Pacific Northwest is blanketed by snow which is to continue for the next 36 hours. Now, more than ever drivers need to put down their cell phones and pay attention to the roadway and cars and obstacles around them. A good example of this occurred yesterday when I called an electrician. His daughter answered his cell phone and said that her dad could not talk to me now because he was driving. She said he would call back when he arrived at his destination. Sure enough he called me 30 minutes later. I congratulated him for not taking my call.

As I was driving to the office this morning, I looked over at another driver and sure enough he was on the phone, going past me, in snowy conditions, with what appeared to be no worry or concern, although it was snowing heavily and the wind was blowing the snow sideways. Accident after accident are caused by a lack of driver attention.

Here are some suggestions for safe driving in the snow:

1) Slow down;

2) Put all you attention on the roadway, cars around you and any obstacles;

3) Always give yourself a much greater distance to stop - never follow another car closely;

4) Don't go up or down hills unless they are safely plowed or clear;

5) Remember that as the temperature rises, road conditions can become more dangerous;

6) Always take the safest approach;

7) Stop Early;

8) Start slowly;

9) Be prepared; and,

10) Think ahead and drive defensively.

These are just a few tips to keep in mind. Be safe on the roadway.

Originally posted at InjuryBoard by Kevin Coluccio

Distracted Drivers

Kevin Coluccio — Wed, 04 Jan 2012 17:50:30 GMT

Cellular phones have become a real danger on our public highways. All too often, crashes causing death and serious injuries are the result of a driver texting or talking on their cell phone. In 2009, nearly 5,500 were killed and 450,000 more were injured in distracted driving crashes. The U.S. Department of Transportation is leading the effort to reduce crashes caused by distracted driving.

Speed studies show that at the slow speed of 10 mph a vehicle travels 14.7 feet per second; at 25 mph a vehicle travels 36.7 feet per second; and, at highway speeds of 60 mph a vehicle travels 88 feet per second. These calculations show that taking your attention away from driving for only a few seconds can result in a vehicle traveling into trouble.

Recently, the Federal Motor Carrier Safety Administration (FMCSA) issued a final rule prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicles. This was a big step in reducing distraction for Truck drivers as they travel upon our public highways.

9 States ban the use of handheld cell phones while driving, remarkably, only 35 States ban text messaging for all drivers. The Governors Highway Safety Association provides a wealth of information regarding Cell phone and Texting Laws.

Originally posted at InjuryBoard by Kevin Coluccio