Washington Injury Lawyer Blog

(Continued From Part One)

I believe that most “accidents”, or better stated, most car crashes/collisions, are completely preventable. When another driver slams his car into the back of your car, was he on the phone? looking for new music on his IPod? looking at the “accident” that occurred on the other side of the road? The list goes on and on. But the link between all of these reasons, is one of conscious choice, conscious decision. The driver that slams into the back of you, that runs the red light, that turns left in front of you, all made a conscious decision to do something other than paying complete attention to their driving. If your main focus while driving, is driving, I believe that the likelihood of you being involved in a car crash which is your fault, is slim to none. And as my Father used to say, Slim has left town.

Don’t we all have a duty, a moral obligation to ensure that while we are driving, we do not engage in an activity that could possibly result in injury to fellow drivers? I think so. So the next time we hop into our cars, why don’t we do something novel here in the Puget Sound area, lets focus on driving and getting to our destination without injuring ourselves or anyone else in the process.

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Posted In: Car & Truck Accidents , Injuries To Minors and Children , Motorcycle Accidents

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Yes, I've been saying it for years, but I'm not sure why. Car "accident", truck "accident", motorcycle "accident". I think it's just learned habit, but probably not correct. Webster's Dictionary defines accident as:

Main Entry: ac·ci·dent
Pronunciation: \ˈak-sə-dənt, -ˌdent; ˈaks-dənt\
Function: noun
Etymology: Middle English, from Middle French, from Latin accident-, accidens nonessential quality, chance, from present participle of accidere to happen, from ad- + cadere to fall — more at chance
Date: 14th century
1 a : an unforeseen and unplanned event or circumstance b : lack of intention or necessity : chance (met by accident rather than by design)
2 a : an unfortunate event resulting especially from carelessness or ignorance b : an unexpected and medically important bodily event especially when injurious (a cerebrovascular accident) c : an unexpected happening causing loss or injury which is not due to any fault or misconduct on the part of the person injured but for which legal relief may be sought.

An unforeseen and unplanned event? An unfortunate event resulting from carelessness or ignorance? Maybe. An unexpected happening causing loss or injury which is not due to any fault or misconduct? I just don't think that slamming your car into the back of another car on I-5 in Seattle or Everett, is unforeseen, unplanned or not due to any fault. I suppose that's my problem with the term accident, it really infers that no one is at fault, it was just an accident. If you just slammed your car into the rear of another car, it sure sounds like you're at fault....

(Part Two to follow)

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Posted In: Car & Truck Accidents , Motorcycle Accidents

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Here's an interesting AP story which I think really shows what motivates Allstate Insurance:

NEW YORK (AP) — Allstate Corp. CEO Thomas J. Wilson received total compensation valued at $10.4 million in 2009, up about 30% from a year earlier, according to a regulatory filing.

The pay raise for Thomas Wilson came as the property and casualty insurer stanched steep investment losses to help post a profit for the full year. Wilson had earned $7 million in the previous year, according to an Associated Press analysis of a filing with the Securities and Exchange Commission.

In 2009, Wilson earned a base salary of $1.1 million, which was an increase of 6 percent. His performance-based compensation was $1.7 million, more than double the $736,261 he got in 2008.

Wilson also got stock and options worth $6.5 million when they were granted, compared with $5.2 million in 2008.

His other perks and compensation totaled $68,072 and consisted of $23,154 for personal use of a company plane and $9,800 in matching contributions to a retirement plan. The remaining $35,118 was for miscellaneous items including life insurance premiums, cell phones, tax preparation, financial planning, security, ground transportation and supplemental long-term disability coverage.

For 2009, Allstate said better risk management in its investment portfolio helped it earn $854 million, or $1.58 per share, compared with a net loss of $1.68 billion, or $3.06 per share, in 2008.

In the final quarter of 2009 alone, Allstate posted a profit of $518 million, or 96 cents per share, a great improvement over its a loss of $1.13 billion, or $2.10 per share, in the period a year earlier.

Allstate's operating income, which excludes investment gains and losses, rose 14 percent to $592 million, or $1.09 per share, versus a profit of $518 million, or 96 cents per share, a year ago.

Posted by John Williams | Permalink | Email This Post

Posted In: Car & Truck Accidents , Insurance , Insurance Bad Faith

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You have to love those Group Health commercials touting how great it is that a patient can actually email their doctor. Traditionally, the information contained in a patients medical record was dictated by the doctor into their record as the result of a face to face consultation, or sometimes from a phone note if you called in. The information that made it into a medical record as a result of a consultation, for the most part, is usually factually correct and a true representation of what the patient told the doctor.

However, email is a different animal. How many times have you either sent, or been the recipient of an email that was interpreted differently than what the sender intended? In conversations, there is tone and inflection that allow the recipient to clearly understand your mood etc. Are you conveying that you're upset, angry, happy, sad or maybe you're throwing in a bit of sarcasm. Without tone and inflection, it's up to the recipient to fill in the missing blanks, and often they get it wrong. And then you end up attempting to explain that their interpretation isn't what you meant and that they took it completely wrong.

Now lets take those emails (or letters and diaries for that matter) that you sent into your doctor and they are now in the hands of an insurance defense lawyer because you were in an auto accident or otherwise injured due to the fault of another person. Do you think that the defense lawyer can interpret your email to suit his or her purpose? You bet they can. And then you are put in a position where it appears you are either contradicting what you wrote or trying to explain what that email really meant.

I am sure that the ability to email your doctor can be valuable, but be cautious and understand the pitfalls that can occur with that type of communication. Also, remember that this applies to not only email, but any type of written correspondence, even a diary you may keep regarding your injuries.

Posted by John Williams | Permalink | Email This Post

Posted In: Car & Truck Accidents , Injuries To Minors and Children , Motorcycle Accidents

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If you are injured by a defective product, please be sure to save the product and not throw it away or otherwise get rid of it. This may sound like common sense, but after a person sustains a serious injury from a defective product, the last thing on their mind is essentially preserving evidence. But without the defective product, it is very difficult, and sometimes impossible to proceed with a products liability claim.

In a recent unfortunate case, a young man was severely and permanently injured by an airbag. He was a passenger in the car of a friend. Because of the severity of his injury, he and his family were focused on his car and multiple surgeries. However in the meantime and before I was contacted, his friend's car was totaled and sent off to the salvage yard. And unfortunately for his products liability claim for the defective airbag, without the car and without the airbag, there was simply no viable claim to pursue.

So with any products liability claim, please ensure that the product is saved and contact an experience products liability attorney immediately to ensure that all necessary steps are taken to preserve the claim.

Posted by John Williams | Permalink | Email This Post

Posted In: Car & Truck Accidents , Products Liability

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It's tough enough riding a motorcycle in the Seattle area and just trying to avoid being the next victim of an inattentive driver. The drivers of cars out there on cell phones or texting, well that's not a hidden danger, so what is it? It's their insurance companies and adjusters. So after you've been knocked to the pavement and your bike totaled, it just keeps getting worse. Accidents that clearly would be the other persons fault if two cars were involved, now transform because you are a motorcyclist! Insurance adjusters will do whatever they can to come up with some "comparative negligence" on your part. That essentially means that you're a percentage at fault because of x, y or z. I have seen them allege that inexperience played a role and if you were more experienced, you would have been able to avoid the accident. That's a good one they can apply to most all motorcycle accidents. They like to allege you were speeding, acting reckless, tailgating, you didn't use a signal, or you did a quick lane change and the driver didn't see you....they just keep coming.

It is always important to try and document the accident scene, but even more so if you are driving a motorcycle. Take pictures with your cell phone, ensure that the police are called and if you aren't being taken away in an ambulance, ensure that the officer clearly understands how the accident occurred. Do not assume that the other driver's story matches yours. Unfortunately, too many people get creative after they are in an accident. Be vigilant and hopefully you will never need this advice.

Whether your driving in the Seattle or Everett area, please feel free to contact me with any questions or for advice.

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Posted In: Car & Truck Accidents , Motorcycle Accidents

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Insurance agents have the remarkable ability to know very little about the product they are selling, or at the very least seem to do a poor job of explaining coverages to their customers. Yes, I know that there are good agents out there, I have one of them at PEMCO in Seattle, but unfortunately that isn't always the case. One of the biggest misconceptions is that if you are in an accident that isn't your fault, the other persons insurance company will pay for your medical expenses. Well, this is half true. When the other persons insurance company settles the claim with either you or your attorney, the settlement will include your medical expenses. But that doesn't help you if you do not have the ability to pay for necessary medical care now. So what's the answer? PIP

Personal Injury Protection (PIP) is a coverage available in Washington that insurance companies must offer you, and if you reject it, you must do so in writing. PIP is basically health insurance if you are injured in an auto accident. It will pay for your medical bills which are "reasonable, necessary and related" to injuries sustained in a car accident. PIP will also, to a limited extent, pay for lost wages and also household services.

PIP is considered a no-fault coverage which means it is available to you regardless of fault. PIP will pay for your medical bills whether or not you are at fault for an accident. Many clients have expressed to me how it seems wrong that their own insurance company should have to pay for medical treatment caused by injuries from an accident that wasn't their fault. Don't worry, your insurance company will get repaid (subrogation).

If you do not have PIP, please have it added to your policy immediately. It costs very little and is vital, especially if you do not have any health insurance. Even if you have health insurance, consider PIP since it will cover many types of care that may have limited coverage under your health insurance policy, such as chiropractic, massage and acupuncture treatment. PIP is generally available with limits of $10,000.00 or $35,000.00.

If you have any questions regarding PIP coverage or insurance coverage in general, please feel free to contact me.

Posted by John Williams | Permalink | Email This Post

Posted In: Car & Truck Accidents , Insurance

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For years now I have been trying to convince people to keep a camera in their car. If you come across something scenic or interesting in Seattle or Everett, you can take a picture, but more importantly, if you are in an accident you can document the scene. When I first started telling people to keep a camera in their car, I'm sure some people thought I was crazy. To some extent, I thought it may be a bit much. But now, more and more of my clients are coming to me with pictures in hand of the scene of the accident! Sometimes they use a camera, but often they simply use their cell phone camera.

So what's so great about pictures of the accident scene or damage to the car? Well, without photos, we have to rely on either a police report diagram, statements of the each driver and/or eyewitnesses, if any. Unfortuantely, eye witness testimony is generally not very credible or accurate, and while police officers do a great job, there are certainly times when the police report and diagram miss the mark. And perhaps the most important reason to document the scene of the accident with photos, is that the at fault driver often times leaves the scene and magically creates new facts so he or she isn't at fault. This is just an unfortunate bit of reality.

So, keep a camera with you and protect yourself. Consider it insurance against changing stories and facts.

Posted by John Williams | Permalink | Email This Post

Posted In: Car & Truck Accidents

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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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