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Tragedy in Thurston County--Marysville Redux for Cable Median Barriers?

Michael Myers — Sun, 05 Oct 2008 23:12:40 GMT

Sorrow in Thurston County this weekend. As reported in part by the Mason County Daily News:

Two people were killed on Interstate 5 at Milepost 88 in Thurston County today after a passenger vehicle crossed the median into oncoming traffic and struck a semi-truck head-on. Two children were injured as well, one seriously. According to witnesses, it was raining when a brown 1995 Subaru Legend was traveling southbound on Interstate 5 in the right lane when traffic began to slow. The Subaru attempted the brake and lost control, traveling across the left lane and into the median. The Subaru continued through the median underneath the cable barrier and into the northbound lanes. The Subaru then struck a green 2007 Freightliner semi-truck, with trailer, head on. The Freightliner pushed the Subaru back into the median and into the cable barrier a second time. Only the deceased front seat passenger has been positively identified at this time. He is identified as Karl F. Heiss, 43, of Moyie Springs, Idaho. The female driver, also deceased, has not been identified. An unidentified female who was a rear passenger in the Subaru, approximately 10 years old, sustained life-threatening injuries and was airlifted the Harborview Medical Center in Seattle. An unidentified male, who was a rear passenger of the Subaru, in a booster seat, approximately 6 years old, sustained injuries and was transported via ambulance to a local hospital then airlifted to Harborview Medical Center in Seattle.

Cable median barriers have been heated topic in Washington. Motorcyclists fear cable median barriers and label them "cheese cutters". Some accident victims in accidents have alleged the State has been too slow to install the barriers. Others, like family of Mr. Heiss and the other occupants in the Subaru, who have been injured or suffered the loss of a family member when a vehicle has traveled underneath a barrier have asserted that the State either mis-engineered or mis-installed the barriers.

Originally posted at InjuryBoard by Michael Myers

Bicycles and UIM Coverage...Why do I Need Auto Insurance if I Ride a Bike?

Michael Myers — Sat, 10 Jan 2009 20:47:13 GMT

I recently read about a hit and run accident at another blogger's site:

A bicyclist was taken to Harborview Medical Center with life-threatening injuries Tuesday after a hit-and-run collision on Beacon Hill.

The collision happened about 1:50 p.m. near 21st Avenue South and South College Street.

The preliminary investigation determined a person driving a navy-blue 1980s-model Oldsmobile Cutlass or Chevrolet with a white top drove into the oncoming traffic lane to pass another vehicle at a stop sign.

Police said the person ran the stop sign going northbound on 21st Avenue South and hit the 20-year-old cyclist, sending him into the air.

We've had a spate of hit and run incidents in Seattle recently. (One of the comments at the original post makes the good point that a hit and run incident is not an accident: the collision may have been an accident but the decision to drive off was a purposeful choice.) It highlights the importance of purchasing UIM coverage when renew your auto insurance even if you spend most of your time riding a bike.

When there is a hit and run incident and its timely reported to the police, a cyclist's UIM coverage will provide the same benefits as the driver's insurance (had the driver done the honorable thing and stayed at the scene to assist the injured cyclist).

UIM coverage is only available as part of auto insurance. Do you think that bicyclists should be able to purchase UIM coverage without having an auto policy?

Originally posted at InjuryBoard by Michael Myers

Teen Struck, Killed by Truck While Snowmobiling in Duvall

Ryan Nute — Mon, 01 Jan 2007 13:41:56 GMT

Eighteen-year hold Kyle Hamilton was killed when a pickup driven by a classmate struck the snowmobile he was riding. The driver of the pickup was arrested. A passenger on the snowmobile was also injured.

Reportedly the crash occurred when Hamlton and a passenger were being followed by the pickup when its lights went out and the driver could not see it.

Kearney Case Catalyzes Public Outrage About Hit and Run Collisions

Michael Myers — Wed, 25 Nov 2009 08:45:23 GMT

Hit and run collisions seem to increase this time of year. It gets dark earlier and the rain makes it difficult to see pedestrians. It makes sense that the number of accidents increases. But weather and visibility don't explain or justify drivers leaving the scene after hitting a pedestrian, bicyclist or vehicle.

A recent case illustrates the point. KOMO News reported:

Jeff Kearney was hit while walking across a crosswalk on 16th Avenue Southwest in White Center. The vehicle hit Kearney so hard that its side mirror sheered off. But police say the driver slowed for just a moment before speeding off.

Two points.

First, I think that hit and run collisions increase this time of year because (a) people drink more around the holidays and (b) the same factors which increase collisions due to decreased visibility also provide an opportunity for drivers to leave the scene of a collision undetected.

Second, UM/UIM (Uninsured Motorist/Under Insured Motorist) insurance covers hit and run collisions. Even collisions with pedestrians. Buy as much UM/UIM coverage as you can afford. It's not expensive and provides excellent coverage in case a drunk driver runs from the scene of a collision.

Originally posted at InjuryBoard by Michael Myers

Medical Negligence in Port--Holland America May be Responsible

Michael Myers — Sat, 01 Nov 2008 18:49:30 GMT

We recently communicated with a family who suffered a tragedy. Their mother slipped and fell on a Holland America vessel. Treatement was provided at a hospital located at the next port city. Unfortunately the mother died. Concern existed regarding the division of responsibility between Holland America and the hospital.

The inquiry touched on pretty common issue in personal injury litigation: what happens when a person is injured and is made worse by her providers.

There is a body of law that provides that medical malpractice is a foreseeable consequence of injuring someone. As a result, the party that caused the initial injury is liable for not just the initial injury, but any additional harm that’s caused in the course of treating that injury.

In most cases it doesn't make sense to pursue a medical malpractice action in a foreign country. Fortunately, however, there’s a good argument that Holland America should be held responsible for the the additional harm caused at the hospital when its negligence was the casue of the initial injury.

Note: Our firm has handled approximately 50 cases against Holland America. All cases against Holland America must be litigated in Seattle pursuant to the terms of the ticket purchased by passengers. The ticket provides that written claims must be submitted to Holland America within six months of the incident and suit must be filed within one year.

Originally posted at InjuryBoard by Michael Myers

Truck Forces Vancouver Man Over Guardrail

Ryan Nute — Mon, 01 Jan 2007 14:20:47 GMT

A Vancouver man was killed in Corbett, Oregon when he stopped on I-84 to help a crash victim and was forced to leap over a guardrail to avoid a passing truck.

The driver of the crashed vehicle was cited for, amoung other things, driving under the influence. The identity of the truck driver has not been reported.

The deceased was Brian Allen Bernier, a Postal Service employee in Vancouver.

Tacoma Accident Victim Identified as Michael Griffith

Ryan Nute — Sat, 23 Dec 2006 17:17:48 GMT

Michael Griffith of Parkland, Washington was killed while changing a tire on the shoulder of I-5 when a truck drifted from its lane and struck him.

Originally posted at InjuryBoard by Ryan Nute

Teen Partying Leads to Deadly Crashes

Michael Myers — Mon, 01 May 2006 10:49:10 GMT

The Tacoma News Tribune reported today that two separate accidents involving a death and four serious injuries occurred after a teen party in Enumclaw.

Apparently, the teens and young adults were drinking and partying outdoors on Mud Mountain, in front of a large bonfire. The police received the first call around 11:00 pm, and the second call around 2:30 am. It is believed that both groups of young people had attended the same party on Mud Mountain.

The News Tribune reports,

The 21-year-old driver of a car carrying two other young men down Mud Mountain Road lost control, skidded about 300 feet and hit a steel gate at Mud Mountain Dam Park. The driver and a front-seat passenger were flown to Harborview Medical Center in Seattle with serious injuries, a sheriff's spokeswoman said.

The second accident involved a fatality.

The police are investigating the role that speed and alcohol likely played in these two accidents. Underage drinking and driving is a big problem. For more information on this topic, you should see my colleague's post "Underage Drinking a State Concern"

Originally posted at InjuryBoard by Michael Myers

Is My Case Going to Court?

Michael Myers — Mon, 28 Sep 2009 12:59:35 GMT

Court Rule 3 deals with commencement of a civil action. (Personal injury cases are "civil actions.") The text of the Rule reads:

(a) Methods. Except as provided in rule 4.1, a civil action is commenced by service of a copy of a summons together with a copy of a complaint, as provided in rule 4 or by filing a complaint. Upon written demand by any other party, the plaintiff instituting the action shall pay the filing fee and file the summons and complaint within 14 days after service of the demand or the service shall be void. An action shall not be deemed commenced for the purpose of tolling any statute of limitations except as provided in RCW 4.16.170.

(b) Tolling Statute. (Reserved. See RCW 4.16.170.)

(c) Obtaining Jurisdiction. (Reserved. See RCW 4.28.020.)

(d) Lis Pendens. (Reserved. See RCW 4.28.320 and 4.28.160.)

While it's possible to serve a summons and complaint without filing them, typically they are filed first and then served.

Clients frequently ask: "Will my case go to court?" In most instances, they mean: "Will my case go to trial?" That's what they mean because in most instances their case has already "gone to court".

It's increasingly necessary to file suit in order to obtain an offer that represents the full extent of a defendant's (or the defendant's insurer's) settlement authority. While it's possible to resolve cases without filing suit, more and more it seems like insurers want to test injured person to confirm that they have the constitution and wherewithal to actually file suit and proceed with litigation if a settlement isn't reached.

This is one of the primary reasons that injured people are almost never able to elicit full value offers for their cases. In fact, as I've written before, studies have shown that injured persons representing themselves received less than one third of what injured persons represented by counsel receive. (Assuming a one-third contingent fee, this means that represented persons receive over twice as much on average as unrepresented persons.)

It's no wonder that so many insurers – and claims adjusters – encourage injured persons not to hire attorneys. They are not motivated by a genuine interest in how much the injured persons "nets" but rather selfish desire to pay out as little as possible.

Court Rule 3 describes how to start a lawsuit. The information establishes a foundation but careful attention has to be paid to related rules and statutes (such as how to properly effectuate service of process). More on that later.

Originally posted at InjuryBoard by Michael Myers

Rules of the Road

Michael Myers — Mon, 08 Jun 2009 11:59:39 GMT

Liability in motor vehicle accidents is frequently determined based on application of the "rules of the road". Determining liability inclusions between vessels (for collisions between vessels and personal watercraft, water skiers, swimmers) is also determined by applying standardized rules. These standardized rules have been around for a lot longer than the rules of the road.

Between 1,000 BC and 600 BC, the people of Rhodes developed a strong commercial fleet and they were soon everywhere in the Mediterranean. The people of Rhodes developed rules of law to deal with occasional shipping disputes including, especially, a code of maritime law. It's referred to as the lex Rhodia.

Many of these rules – thousands of years old – have been codified by both Washington State and the United States Coast Guard.

When trying a case involving a collision between vessels or between a vessel and personal watercraft, water skier, swimmer or diver, it is important to ensure that the court gives the jury instructions about each of the applicable rules. While there is a pattern set of Washington jury instructions that include special instructions for the rules of the road, the pattern set does not include rules applicable to boating accidents. Therefore, it makes sense in these cases to start early in terms of educating the court so it can then, at trial, educate the jury about what law applies and give the jury a sound basis for citing the case.

Originally posted at InjuryBoard by Michael Myers