Washington Injury Lawyer Blog

Yet another pit bull attack in Seattle. According to the Seattletimes.com, 71 year old Huong Le was severely attacked and mauled by two pit bulls when she was just feet from her SeaTac home where she works as live-in caregiver. Le spent more than 10 hours in surgery Monday at the trauma center at Harborview Medical Center, where surgeons worked to preserve her hearing and reattach her ears, both of which had been ripped from her head. Her jaw was broken and her right arm and wrist were crushed beyond complete repair.

Both of the pit bulls had to be shot by deputies in order to save Le. The owner of the pit bulls also owned two other pit bulls which were seized. This is a very sad, but at the same time, infuriating situation. While I don't want to stereotype the breed, at least 95% of the dog bite cases I have ever handled have involved pit bulls. This isn't a coincidence. All of these savage attacks have occurred because the owners were completely irresponsible and likely just didn't care that their dog(s) could severely injury or kill a person. These dogs have to be kept in a very secure enclosure.

Last Friday in Moses Lake, a pit bull (imagine that), pushed open a gate to get to Alex Medina. Alex by the way, is 6 years old. Alex was bitten on the face and head before the pit bull was pulled off. Doctors reattached his nose and ears, but he still faces more surgeries. The dog was not licensed and the owner had no record of rabies vaccine.

Continue reading "More Seattle Pit Bull Attacks" »

Posted by John Williams | Permalink | Email This Post

Posted In: Dog Bite Injuries

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We all know that Seattle is a dangerous place to drive a car, or especially be a pedestrian. While Washington's new cell phone law is a start, a very SMALL and almost useless start in my opinion, there are still many distracted driver's out there that don't see other cars, trucks or pedestrians. And if you drive a motorcycle, you probably feel that there is some cloaking shield around you that makes you and your motorcycle invisible! If driver's can't "see" a SUV, they certainly won't see you on your bike.

Ok, so now your motorcycle is a total loss and you have severe injuries and can't work. So how do you pay for your medical bills? If you are in your car, you simply use your personal injury protection (which everyone should have) to pay for your medical bills. But unfortunately, you discover that you do not have PIP coverage on your motorcycle, since no insurance company offers that coverage for motorcycles. While I haven't researched the reason for this, I would guess that the number of severe injuries is significantly higher than for cars and trucks. In addition, while Washington state law requires that PIP coverage be offered on car and truck policies, it is not mandated for motorcycle policies. The backup to PIP coverage is your own health insurance, but if you are among the many uninsured in the state, you could be in real trouble.

Many people are under the impression that the at-fault driver's insurance will take care of your medical bills. While this is technically true, they will not pay for your medical bills as you incur them like PIP or health insurance. Through settlement or a verdict, your medical bills will be reimbursed, but that could be 1, 2 or 3 years down the road. If you ride a motorcycle and do not have private health insurance, I would encourage you to take another look at your transportation options.

Posted by John Williams | Permalink | Email This Post

Posted In: Insurance , Motorcycle Accidents

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Whether you are playing soccer in Seattle or maybe your child is playing T-Ball in Lynnwood, many people and parents have chemical cold packs handy. They are a convenient substitute for ice in the case of an injury. But are they safe? When you buy some of these cold packs, they aren't labled "Chemical" cold packs, but that's exactly what they are. Generally, these cold packs utilize ammonium nitrate crystals and a small bag of water or ampule, all of which is contained in a tough white plastic bag. Once the container for the water is crushed, the water and ammonium nitrate crystals mix resulting in a chemical reaction that creates the cold temperature. Unfortunately, this is a caustic mixture that will cause a chemical burn if exposed to skin because of a faulty outer bag or puncture in the bag.

There are now alternatives to chemical cold packs which do not use a caustic chemical mixture and are safe. There is always the old standby as well, ice. While not as convenient, ice will not cause a chemical burn that you will have the rest of your life. While I have represented clients who have received chemical burns from these cold packs, no one has ever contacted me because they were injured by ice. Always read the ingredients label, and if it lists ammonium nitrate, put it back and find another option.

Posted by John Williams | Permalink | Email This Post

Posted In: Products Liability

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Whether you are in Seattle, Everett, or any other area of the Puget Sound, we have all experienced the proverbial standoff at 4 way intersections that do not have traffic lights. This includes intersections that have stop signs or no stop signs at all. It seems as if a majority of the time, either everyone tries to go at the same time or no one goes, until a driver with a little courage decides to try and negotiate the intersection. There is really no mystery to these types of intersections and traffic should move much better through them, at least in theory.

The question of who goes first, is set out in RCW 46.61.180:

(1) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

So if you and another car reach an intersection at about the same time, the car on the right has the right-of-way. Seems pretty basic, but apparently some drivers didn't pay attention in their driver's ed class. This rule of the road applies to intersections with either stop signs (3 or 4 way stop) or an uncontrolled intersection with no stop signs at all. It is these types of intersections where most of the accidents and injuries occur.

But despite your knowledge of the rules of the road, you must still exercise caution and cannot count on the other drivers knowing the rules. Bottom line is know the rules, but always drive defensively.

Posted by John Williams | Permalink | Email This Post

Posted In: Car & Truck Accidents

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When you're involved in an accident, the last thing most people think about is what do I need to do to document that the other driver was at fault. You are likely in shock and disoriented and trying to make sure that you and the other people involved in the accident are ok. Then the driver who just ran the stop sign at a typical four way stop in Seattle or Everett, comes up and says it was his or her fault and apologizes to you. The other driver was clearly at fault so you decide to not call the police, especially since the other driver admitted fault to you.

You then get home and have a damaged car and potential injuries, but at least the other driver's insurance company will take care of your damages. Then a week later you recieve a letter from the other driver's insurance company that they have completed their investigation and based upon the statement of their insured, have determined that you were at fault for the accident! They also let you know that they will be seeking payment from you for the damage caused to their insured's car. Yes this does happen. It is truly unfortunate, but after a little time to think about the situation, far too many people change their story to avoid an at-fault accident which will cause their insurance rates to increase.

I recognize that the police are not available for every single accident, but if you are involved in an accident, make every effort to have the police show up and write an accident report. In too many cases, it is simply too difficult to prove fault after the fact without a police report. I also recommend that everyone carry some sort of camera in their car and take pictures of the accident scene. Many clients have provided pictures from their cell phones which is powerful evidence that cannot be disputed.

Posted by John Williams | Permalink | Email This Post

Posted In: Car & Truck Accidents

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I usually receive a blank stare when I ask if someone has PIP coverage, but it's a very important and fairly inexpensive coverage on your automobile policy. PIP coverage has to be offered to you when you obtain an automobile insurance policy and has to be rejected in writing if you do not want the coverage. PIP is generally available with limits of $10,000.00 or $35,000.00.

PIP will pay for accident related medical expenses, wage loss (up to a maximum amount per week set by the policy), and necessary household expenses such as house cleaning and yard services. PIP is no fault coverage, which means it is available to you regardless of your fault for the accident. PIP is especially important if you do not have health insurance, otherwise, obtaining medical care in the event of an auto accident is very difficult.

Perhaps the biggest misconception regarding PIP coverage is that is really isn't needed if you aren't at fault for an accident, since the other insurance company will pay for your medical expenses. While this is technically true, they have no obligation to pay as you incur your treatment which is critical. Their only obligation is to pay for your damages either through settlement or verdict, after you have incurred your medical expenses.

If you do not have PIP coverage or simply don't know if you do or not, contact your insurance agent and have it added. It's costs very little so you get a lot of bang for your buck if you ever need it.

Posted by John Williams | Permalink | Email This Post

Posted In: Insurance

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Can you imagine being a tenant in an apartment complex, your building catches on fire and burns to the ground with all of your possessions? I can't. And then, when you don't think it can get any worse, Farmers Insurance comes knocking, wanting you to pay them $420,000.00 for the damage to the apartment complex!

This happened to Chris Christoffersen and her daughter Melissa in University Place, Washington. The fire department had ruled the fire accidental and discovered it was caused when the Christoffersen's couch was pushed against the baseboard heater. At first, it was a phone call from Farmers wanting $350,000.00 to repair the complex. And then a bill from a collections agency demanding $420,000.00.

Farmers eventually dropped the matter after being contacted by the KOMO 4 problem solvers, but the arrogance of Farmers is simply amazing. The Washington State Insurance Commissioner stated that Washington Courts have ruled that insurance companies cannot hold tenants responsible for fire damages unless it's expressly written in the lease. But that didn't seem to matter to Farmers.

Posted by John Williams | Permalink | Email This Post

Posted In: Insurance Bad Faith

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Approximately 73,000 policy holders in Washington, including the Seattle area, are insured with HealthMarkets which provides insurance to small businesses and the self-employed.

HealthMarkets, based out of Texas, has been accused of bad business practices following an investigation by several state insurance commissioners. HealthMarkets include subsidiaries MEGA Life and Health Insurance of Oklahoma, Mid-West National Life Insurance of Tennessee and Chesapeake Life Insurance of Oklahoma. The investigation revealed that these companies improperly denied claims, delayed refunds and misrepresented coverage.

If you are insured by any of these companies, it is very important that you contact our office or the Washington State Insurance Commissioner's Office for advice and to advise of any problems you may have had with these companies.

Posted by John Williams | Permalink | Email This Post

Posted In: Insurance Bad Faith

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Whether you are out walking at Green Lake in Seattle, or at your neighbor's house, how often have you heard don't worry, my dog won't bite? While this may be true for many dogs, owners sometimes under appreciate just how dangerous their dog may be, especially to children. In the United States, dog bite victims requiring medical treatment average 800,000 annually. And sadly, children make up 50% of the victims.While most injuries from dog attacks are not fatal, on average, a dozen people die each year due to vicious dog attacks.

It is the responsibility of dog owners to control their pets, especially those owners who choose to own larger breeds such as Pit Bulls, Rottweilers and German Shepherds. Generally, the larger the dog, the greater the chance of serious injuries occurring during an attack. While dog owners need to ensure that their dogs are securely confined on their property and properly socialized, all of us have to do our part to not become a victim.

We need to be aware of our surroundings and children especially, need to be made aware of the danger associated with dogs. Is there a neighbor on your street that routinely lets their dog run loose or doesn't have the ability to confine the dog to their property? Do you or your children visit friends and family with a dog or dogs? Even your aunt's dog that has always been very good with children, can attack if provoked.

Make sure that your children respect dogs and other animals and know not to tease or harass them. Talk with the neighbor that is letting their dog run loose and request that they become a responsible dog owner by properly confining their dog. Finally, listen to cautions by dog owners. But remember, even if you're told don't worry, they won't bite, you need to use your own judgment to protect yourself from potentially, a very serious injury.

Posted by John Williams | Permalink | Email This Post

Posted In: Dog Bite Injuries , Injuries To Minors and Children

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