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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

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

The Intersection Between Rights and Responsibilities - The Left Hand Turn

Michael Myers — Mon, 26 Jan 2009 17:59:53 GMT

Many motor vehicle accidents start with a left hand turn. Most car versus motorcycle and car versus bicycle accidents find their genesis in left hand turns.

In fact, left hand turns are such a frequent cause of accidents that there is a specific jury instruction devoted them. WPI 70.02.01 governs rights of way involving a vehicle making a left turn. It provides:

[A] driver intending to turn to the left within an intersection shall yield the right of way to any vehicle approaching from the opposite direction that is within the intersection or so close thereto as to constitute an immediate hazard. This right of way, however, is not absolute but relative, and the duty to exercise ordinary care to avoid collisions at intersections rests upon both drivers. The primary duty, however, rests upon the driver turning to the left, which duty must be performed with reasonable regard to the maintenance of a fair margin of safety at all times.

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

"Nursing Home" Falls--Response Times and Call Buttons

Michael Myers — Fri, 16 Jan 2009 11:50:10 GMT

We have a case that involves a resident’s fall at a (physical) rehabilitation center and, unfortunately, the resident’s ultimate below knee amputation. The basis of the claim is that the resident pressed her call button for assistance to the restroom. Assistance never came and, after approximately half an hour, she attempted to transport herself to the restroom using her walker. She fell when she reached the threshold between her room and the restroom.

The rehabilitation center claims that the call button was never pressed and they didn’t know that she needed assistance.

In cases like these do facilities (whether rehabilitation centers or nursing homes) have a duty to ensure that call button systems work consistently and without interruption or, does the rehabilitation center and nursing home have to have actual or constructive notice that the system was not working in order for it to be found liable in situations like this? What do you think is fair to both the facility and the resident? If you had a family member in a facility and this happened, what do you think would be a fair resolution?

Originally posted at InjuryBoard by Michael Myers

Personal Injury Protection--Coverage for Injured Pedestrians

Michael Myers — Tue, 16 Sep 2008 12:06:25 GMT

A lot of people think that PIP (Personal Injury Protection) only provides benefits if they are involved in an accident while driving their own cars. Fortunately the coverage is much broader and more expansive.
I saw a story in the Seattle Times that illustrates this point:

The State Patrol reports a pedestrian trying to cross Highway 169 in the Renton/Maple Valley area was struck and killed by an SUV.

Trooper Curt Boyle says police received reports earlier Saturday night of a woman walking on the right shoulder of the southbound lane.

Boyle says alcohol was found on the victim's body.

So, without prejudging the facts too much, where was a woman who had been drinking who tried to cut across the highway at night and was hit by a car and killed. Doesn't seem like she/her estate should be entitled to PIP benefits, does it?

Well, her estate is entitled to PIP benefits. And not just from her own carrier, but also from the PIP carrier that provided coverage to the driver of the car that struck her. The dead woman's estate is entitled to medical and funeral expenses from both of them.

Originally posted at InjuryBoard by Michael Myers

Freight Train Derails and Falls into River

Jenny Albano — Sat, 10 Nov 2007 15:32:59 GMT

A CSX freight train derailed on a bridge above the Anacostia River on Friday, November 9 and 10 of the 90 rail cars fell into the water. There were no injuries due to the accident.

The train was parked with no passengers or crew aboard when another freight train ran into it. The Fire Department stated that the cause was unknown and that the National Transportation Safety Board would be investigating the incident.

Several fireboats and other emergency vehicles responded, including some engine companies with hazardous materials units that came to the scene as a precaution. The crash dumped coal into the river, along with hydraulic fluid and oil from the train cars, District of Columbia Fire Department spokesman Alan Etter said.

The water in the river seems to have a oily sheen to it which could mean some petroleum products made it into the river, but pH tests so far have been neutral. Structural engineers are checking the bridge for damage and want the rest of the rail cars moved; they believe there has been some structural damage to the bridge.

For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Jenny Albano

Pool Company Found Negligent in Wrongful Death Lawsuit

Michael Myers — Fri, 28 Sep 2007 11:00:42 GMT

On September 25th the parents of a 5-year-old boy who drowned last year at Crofton County Club in Anne Arundel County were awarded more than $4 million in damages.

The judge ordered DRD Pool Service Inc., the county club's management company, to pay Thomas Free and Debra Neagle Webber $2,000,076 each. The $76 serves as a symbol of Connor Freed's July 6th birthday. DRD was found negligent for failing to adequately train its lifeguards and properly staff the pool.

On June 22, 2006, when Conner was found floating in the Crofton County Club pool, a 16-year-old lifeguard who had been on the job for three weeks was on duty. Currently, in Anne Arundel County only one lifeguard is required for every 50 swimmers.

Conner was at the pool with a family friend, Paul Carroll, and two other children. The jury did not award a judgment against Carroll who had also been name in the wrongful death lawsuit.

Conner's parents have started a foundation in their son's honor called Conner Cares. The foundation works to create standardized and more stringent safety requirements at public pools.

Drowning is one of the most, if not the most, preventable cause of childhood deaths. Businesses and facilities that fail to properly supervise children should be held accountable.

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Michael Myers

Are Fixed-Gear Bikes Dangerous?

Ryan Nute — Thu, 27 Sep 2007 16:37:57 GMT

Foundry Explosion Highlights Importance of Seeking Workers

Michael Myers — Tue, 09 Oct 2007 08:18:40 GMT

Last Saturday afternoon an explosion at a Tacoma foundry caused a massive fire, closed a major highway and sent four people to the hospital. The fire at Atlas Castings & Technology was started when a delivery truck carrying 8,000 gallons of propane exploded at the foundry and caused a fire in a nearby propane tank.

The explosion was described by witnesses and police as like a bomb going up. The flames of the fire reportedly shot up as high as 1,000 feet in the air, and police were still struggling to contain the fire late into Saturday night.

The four people injured as a result of the explosion included three foundry workers and the driver of the delivery truck that exploded. The driver was transported to Harborview Medical Center with serious injuries. One foundry worker suffered facial burns and the other two suffered leg and knee injuries.

The horrible explosion made me think about the families of the injured workers. The workers and their families are entitled to workers compensation benefits through the Department of Labor and Industries. But workers compensation benefits are rarely adequate and many people think if they're injured at work they can't bring a personal injury claim.

This view is inaccurate. While they may not be able to sue their employers or co-workers for personal injuries, they can bring personal injury claims against, for example, workers from other companies that cause their injuries.

For more information on this subject, please refer to the section on Workplace Injuries and Workers Compensation.

Originally posted at InjuryBoard by Michael Myers