Seattle Personal Injury Lawyer - Motor Vehicle Accidents

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

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

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

Recent Article Highlights Bicycle Safety Concerns

Ryan Nute — Mon, 07 Jan 2008 11:36:55 GMT

A recent article from King 5 notes that Seattle is considered one of the safest cities in the United State for cyclists.

However, it is important to remember - as a cyclist or as a driver - that city roads still pose real dangers to those traveling on two wheels. Since 2001 1,800 cyclists have been injured and 6 cyclists have been killed on Seattle streets. That's about one accident every day.

Both drivers and cyclists are entitled to use the road. Both must use it safely. Drivers should not expect cyclists to pull over in traffic and let them pass. Cyclists should not expect drivers to look out for them if they run stop signs or red lights.

The City of Seattle is spending about $240 million over the next decade with the goal of tripling the number of regular bike commuters. Unfortunately, it's almost certain that more accidents will happen as more cyclists hit the road. It's time for drivers and cyclists to get used to sharing the roads of Seattle.

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

Originally posted at InjuryBoard by Ryan Nute

New Year's Eve Crash in Seattle

Ryan Nute — Fri, 04 Jan 2008 08:00:35 GMT

On New Years Eve a car jumped a curb on Alakan Way, near Pier 30, went through a fence, across a parking lot and slammed into a cement barrier. The driver and passenger in the car were trapped for several hours inside their demolished car. Once firefighters arrived on the scene of car crash it took some time for them to be able to free the male driver and the female passenger. Both were taken to Harborview Medical Center with non-life threatening injuries. Police believe drugs or alcohol may be a factor in the crash.

On the fact of it the passenger would seem to have a pretty good claim against the driver. But it's not always that simple where intoxication is suspected, as described in another post.

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

Originally posted at InjuryBoard by Ryan Nute

One Killed, Four Injured in Stevens Pass Ski Trip

Ryan Nute — Thu, 03 Jan 2008 11:25:21 GMT

Three teenagers, two boys and a girl, were returning from a ski trip to Stevens Pass when their vehicle crossed the centerline and hit a pickup truck head-on. One of the boys, 17, was killed. Four others were injured in the car accident, including both people in the pick-up truck. Police are not sure why the vehicle crossed the centerline. They do not believe alcohol, drugs or speed was a factor in the accident.

It seems that the cause of the accident is currently unknown. Most accidents involving a death or serious injury on the highways are thoroughly investigated by Washington's M.A.I.T. (the Washington State Patrol Major Accident Investigation Team). Measurements and photographs are taken, witnesses are interviewed and accident reconstructionists try to determine how an accident happened. Documentation gathered by the M.A.I.T. must be sought in any serious personal injury case involving car accidents.

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

Originally posted at InjuryBoard by Ryan Nute

Injured Pedestrians' Claims Not Reduced by Dark Clothing, Time of Day

Michael Myers — Thu, 20 Dec 2007 08:20:03 GMT

On November 27th, a Seattle woman in her 50's was hit while crossing at a crosswalk at the intersection of Aurora Avenue North and North 90th Street. The accident occurred at approximately 9:30 p.m. The woman was hit by a pickup and dragged underneath it. The driver of the pickup left the scene. He was stopped several blocks away by police. The woman suffered head and pelvis injuries and was sent to Harborview Medical Center in serious condition.

Most pedestrian versus vehicle accidents happen in the winter months. It's dark for more hours per day and visibility is further limited by rain. But the driver has a duty to see and pedestrians are given the right of way in cross walks. While some insurance carriers take the position that wearing dark clothing is a form of contributory negligence or comparative fault, they're wrong. The value of a pedestrian's claim should not be reduced because of what he or she was wearing at the time of the accident.

For more information on this subject, please refer to the section on Automobile and Pedestrian Accidents.

Originally posted at InjuryBoard by Michael Myers

Multivehicle Accidents--Complexity and Opportunity Collide

Michael Myers — Tue, 18 Dec 2007 10:00:56 GMT

On December 11th three people were taken to Harborview Medical Center after a mulitvehicle accident on Highway 522 near Monroe. The accident happened in the early afternoon. A man driving westbound reportedly lost control while driving around a curve, struck a guardrail and skidded into the eastbound lane. The out-of-control vehicle collided with a truck. A third vehicle, driving behind the eastbound truck, hit the wreckage. Three people were transported to Harborview Medical Center with injuries.

Multivehicle accidents present some of the most complex issues in terms of causation and responsibility. There can be several layers of responsibility superimposed over one accident scene. They also present a host of opportunities in terms of insurance coverage. However, it's important to carefully stylize and structure the claims asserted to ensure that available insurance proceeds are maximized.

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

Originally posted at InjuryBoard by Michael Myers

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

Evidence of Failure to Wear Seatbelt Allowable in Media, Not in Washington Courts

Michael Myers — Fri, 30 Nov 2007 08:00:41 GMT

When the media reports on motor-vehicle accidents they often mention whether the involved drivers or passengers were wearing a seatbelt (or if the injured bicyclist or motorcyclist was wearing a helmet). The fact that the media consistently brings this detail to our attention makes it seem significant. However, it is important to remember that, in accordance with the rules of evidence, an injured person's failure to wear a seatbelt (or helmet) cannot be admitted in Washington Courts.

Less than a week ago there was an accident in Suquamish that killed a 43-year old female passenger and seriously injured the 41-year old male driver. The car hit a tree; police believe alcohol and excessive speed to be factors in the accident. The woman who died was not wearing a seatbelt and was ejected from the car.

Don't believe the common misconception that failing to wear a seatbelt prohibits your recovery. The family of the deceased passenger can recover from the driver's insurance company despite the fact that she was not wearing a seatbelt.

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

Originally posted at InjuryBoard by Michael Myers