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)

Posted by John Williams | Permalink | Email This Post

Posted In: Car & Truck Accidents , Motorcycle Accidents

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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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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.

Posted by John Williams | Permalink | Email This Post

Posted In: Car & Truck Accidents , Motorcycle Accidents

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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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