Seattle Personal Injury Lawyer

Accidents on the Way to and Back from the Mountain

Michael Myers — Mon, 11 Feb 2008 10:19:06 GMT

Ski and snowboard accidents are a frequent focus of this blawg. However, even more frequent than skiing or snowboarding accidents meriting legal attention are accidents that happen on the way to and from the mountain.

On the way to Crystal mountain last weekend we saw a truck on it's side in the middle of the road and another upside down in the ditch. Last night on the way to Whistler we saw a number of "near-misses".

It's really unfortunate when accidents happen on the way to or from the Mountain. It's tragic when these accidents result in injuries or deaths. And that's what happened last week near Mt. Baker.

Kyle J. Sonnen, 20, died on Thursday afternoon after his car hit a tree off Mt. Baker Highway. Sonnen attempted to pass in a no-pass zone, lost control of his 2000 Subaru station wagon and ran into a tree. The car crash is currently under investigation.

Please drive safely on the way to and from the mountain. If you are involved in an injury-accident, it makes sense to consult with an attorney. There are a myriad of issues--particularly in an accident like this where the driver dies--that require professional advice.

Originally posted at InjuryBoard by Michael Myers

Motorcycle Manufacturers Liable for Single Vehicle Accidents

Michael Myers — Sun, 10 Feb 2008 20:27:32 GMT

Motorcycle accidents happen for a variety of reasons. We've written about several (including the most common: drivers making left hand turns in front of motorcyclists). However, a frequently overlooked cause of accidents relates to the negligent design, repair or manufacture of motorcycles.

A recent case involved Honda motorcycles and allegations that the company's Gold Wing motorcycles has a design defect that causes it to wobble at low speeds. Currently our firm is handling claims against Harley Davidson dealers and investigating others against Harley Davidson relating to engine seizures and performance defects that have both caused accidents and serious injuries.

If you are involved in a "one motorcycle" accident and suffer serious injuries, it makes sense to investigate whether the negligent design or manufacture may have caused the accident.

Originally posted at InjuryBoard by Michael Myers

Pedestrian Fatality in Othello Highlights Importance of Accident Investigation

Ryan Nute — Sat, 02 Feb 2008 18:35:44 GMT

Accidents involving serious injuries or death need to be investigated promptly so that the facts surrounding the accident can be determined before memories or evidence fades.

Early Sunday morning Department of Transportation crews were trying to clear snow and ice off major highways in Eastern Washington when one of the snow plows hit and killed a pedestrian. The plow was clearing snow off the shoulder of State Route 26 east of Othello just after midnight when the pedestrian was hit. The identity of the victim and the details of the accident remain unknown.

In this kind of case the Washington State Patrol is likely investigating what happened. There's a specific unit--the Major Accident Investigation Team--that looks into serious injury accidents on Washington roadways. The MAIT report is a key piece of evidence in such cases and the investigating officers should be interviewed when a claim is pursued.

Originally posted at InjuryBoard by Ryan Nute

Passengers Injured in Wrong-Way Crash on I-5 in Arlington

Ryan Nute — Fri, 01 Feb 2008 08:15:00 GMT

A man driving south in the Northbound lanes of I-5 was killed when he collided head-on with another vehicle at freeway speed. The wrong-way driver, Jason French, 33, died at the scene. Two Sedro-Woolley women were in the car French collided with. They both suffered serious injuries and were transported to the hospital. The accident is under investigation.

One of the subjects of the investigation will surely be whether Mr. French or his passengers had consumed or were under the influence of intoxicants. Should a passenger who knows or should know that a driver is intoxicated still have a claim if the driver causes an accident and the passenger is hurt? If not, is that because we should punish people who get into cars with intoxicated drivers (because it encourages reckless driving)? Or because they're responsible for their own injuries? Our Legislature enacted the following law:

RCW 5.40.060
Defense to personal injury or wrongful death action -- Intoxicating liquor or any drug.

(1) Except as provided in subsection (2) of this section, it is a complete defense to an action for damages for personal injury or wrongful death that the person injured or killed was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and that such condition was a proximate cause of the injury or death and the trier of fact finds such person to have been more than fifty percent at fault. The standard for determining whether a person was under the influence of intoxicating liquor or drugs shall be the same standard established for criminal convictions under RCW 46.61.502, and evidence that a person was under the influence of intoxicating liquor or drugs under the standard established by RCW 46.61.502 shall be conclusive proof that such person was under the influence of intoxicating liquor or drugs.

(2) In an action for damages for personal injury or wrongful death that is brought against the driver of a motor vehicle who was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and whose condition was a proximate cause of the injury or death, subsection (1) of this section does not create a defense against the action notwithstanding that the person injured or killed was also under the influence so long as such person's condition was not a proximate cause of the occurrence causing the injury or death.

Originally posted at InjuryBoard by Ryan Nute

Driver Charged in Death of Bicyclist in South Kitsap

Ryan Nute — Thu, 31 Jan 2008 11:48:26 GMT

Delores Magneson, 59, has been charged with the death of bicyclist Craig Hatt, 41. Magnesson allegedly hit Hatt last September on Mile Hill Drive in South Kitsap. Magneson claimed that her windshield had fogged up, as a result of just behind washed and glare from the sun, obscuring her vision.

However, upon investigation it was discovered that Magneson's driver's license had been canceled because she didn't provide the Department of Licensing a certificate verifying her vision. Deputies confirmed that Magneson suffers from Diabetic Retinopathy, a condition that causes eyesight to degrade over time and that she has been involved in five collisions since 1999. Deputies noted in a statement that "the overall theme to those collisions were that she did not see the other vehicle."

Mr. Hatt's family should certainly consider a civil claim against Ms. Magneson if they haven't already. First, the collision may have occurred because of negligent driving. Second, the information in the article suggests that she knew or should have known that she shouldn't have been driving. Third, she was driving without a license. Bicyclists are vulnerable enough on the roads without having to fear being run down by drivers who shouldn't be on the road in the first place.

Originally posted at InjuryBoard by Ryan Nute

Liability for Driver Who "Waves Through" Vehicle or Pedestrian

Michael Myers — Tue, 29 Jan 2008 08:03:00 GMT

We see it all the time. A driver waves another car to "go ahead". Or signals to a pedestrian that it's okay to cross. But what happens if an accident happens? In the following story the injured pedestrian could have a claim against not only the driver who hit him but also the driver who signaled that it was safe for him to cross.

A 40-year old pedestrian was hit on Route 99 in Federal Way on Friday night. When the pedestrian attempted to cross the street (not at a crosswalk), one car stopped and waved him on but another car did not stop and struck the pedestrian. The driver who struck him was arrested on investigation of vehicular assault.

The pedestrian was transported to Harborview Medical Center where he remained in serious condition this weekend.

It's important to hire counsel who is able to see the big picture and identify all potential defendants when there's been a serious accident.

Originally posted at InjuryBoard by Michael Myers

Bus Carrying Special Olympians Crashes on Icy Highway

Michael Myers — Mon, 28 Jan 2008 11:26:34 GMT

It's easy (if not easy, at least straightforward) to show a jury how an accident's affected the life of a dad who works at Boeing, or a mom who drives her kids to soccer or a teenager who's about to graduate from high school. That's because most jurors can related to plaintiffs from these demographical groups. But it's more difficult to show a jury what an injured person is different than most jurors. A good example can be drawn from this weekend's news.

On Saturday a bus chartered for a Special Olympics event crashed on State Route 124 in southeastern Washington. The bus - with 32 people inside - lost traction on the icy highway, slid off the road and rolled onto its side.

Injuries consisted mainly of bruises, scrapes and sore backs.

There are challenges associated with showing a jury what a Special Olympian lost as a result of an injury (particularly before a competition). But these challenges can be overcome by experienced counsel.

When you hire an attorney make sure he or she has experience representing injured persons who are like you. It's important that he or she understand your unique characteristics and what losses the accident and injuries have caused.

Originally posted at InjuryBoard by Michael Myers

Products from China Continue to Harm American Consumers

Michael Myers — Fri, 25 Jan 2008 10:07:26 GMT

Retailers selling products from China have been beleaguered by claims arising from defects in the Chinese-made products. One of the most publicized cases involved dog and cat food. We filed the first nationwide class action lawsuit in that case against Menu Foods and the companies that sold tainted pet food.

Now another Chinese-made product is harming American consumers, the seemingly innocent flip-flop. Since September of last year Wal-Mart has reportedly sold over a million Sand 'N Sun flip-flops, a cheap ($2.99) sandal made in China. The flip-flops have caused first and second degree chemical burns on dozens of customer's feet, directly underneath the straps of the flip-flop.

In September, a website was launched by Kerry Stiles of Ocklaweaha, Florida because, according to the website, "Wal-Mart seems to have maybe lost track of how many people have complained to them..." The website features pictures, submitted by Walmart customers, of the chemical burns inflicted by the flip-flops. Stiles has received over 140 emails and photographs since the website launched.

The Sand 'N Sun sandals have since been recalled, although customers are still reportedly finding the sandals on Wal-Mart shelves.

Our firm is preparing to file a nation-wide class action aimed at compensating consumers who purchased the dangerous flip-flops. We look forward to helping consumers who have suffered injuries or who can no longer wear the defective footwear.

Originally posted at InjuryBoard by Michael Myers

Lawsuit Over Taser Use on Epileptic Settles for $90,000

Jenny Albano — Wed, 23 Jan 2008 18:55:37 GMT

A lawsuit for tasing and punching a man who had just had an epileptic seizure has been settled for $90,000. In addition, the settlement mentioned a new policy on Taser use in Lakewood in the $300,000 lawsuit brought against the municipality, the police department, Chief Larry Saunders and four other officers.

According to Lt. David B. Guttu, the Taser policy changes listed in the settlement were not a direct result of the case. Under the new policy officers have to consider whether someone might have a medical condition, such as multiple sclerosis, muscular dystrophy or epilepsy, before using a taser on the person.

The case arose after Grider, 63, had a seizure and passed out at the auto parts store where he worked as a clerk. A co-worker called 911, an emergency medical crew was dispatched and the medics requested police aid, saying Grider had regained consciousness and was aggressive and threatening, according to a report by Officer Reynaldo Z. Punzalan.

The police report stated that Grider wouldn't let the medics check him and resisted when the police officers tried to calm him and tell him he needed medical attention. He also continued to resist when he was stunned with a few 50,000 volt bursts. After this, Punzalan punched Grider in the face, handcuffed him, and had medics take him to the hospital. No criminal charges were filed against either party.

Grider claims that he told medics he didn't need to go to the hospital and had made plans to get a ride home. He stated that he had seizures occasionally that he quickly recovered from without problems and did not need medical care.

But according to a police report, "Fire Department personnel told us they have dealt with Grider before, and he got very violent that time as well ... they also told us he had to get medical help."

Hostile behavior is not unusual when someone is recovering from a seizure, according to an Epilepsy Foundation report entitled Inappropriate Response to Seizures. "Accordingly, restraint of persons soon after a seizure may exacerbate or precipitate combativeness the opposite of the intended result," according to the report.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Grates: The Bicyclist's Nemesis

Ryan Nute — Thu, 17 Jan 2008 16:58:42 GMT

Well, all right; bicyclists have multiple nemeses. But a recent front page article in the Seattle PI has brought attention to a problem many cyclists have been battling for years: unsafe street drains. Drains covered with grates that have slots parallel to the roadway are dangerous to cyclists as bicycle wheels can get caught - and stuck - in the slots.

In 2004 one biker was biking through the Washington Park Arboretum when his bike tire got stuck in a grate. He was flung off the front of his bike, damaging his four front teeth and causing him to suffer from amnesia.

The bicyclist brought a claim against the city which was settled in 2006 for $26,000, though the city never admitted fault.

Seattle Public Utilities officials estimate that there are between 70,000 and 80,000 grates in Seattle. Most of the vertical slot grates, the kind that bike tire's get stuck in, have been phased out. Over the past 20 years the city has put in grates that bike tires won't easily get stuck in.

However, there are still a significant number of the vertical slot grates throughout the city and the city has no immediate plans to replace them. SPU points to cost as a major reason why there is no timetable in place for replacing the grates.

It's hard to say whether the City would be held legally liable for not replacing these grates. However, the fact that the City paid $26,000 for one such case suggests that it sees risk in these claims and (hopefully) that it wants to, in some way, do the right thing by bicyclists on the city streets.

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

Originally posted at InjuryBoard by Ryan Nute