Tacoma Personal Injury Lawyer

Post-Collision Car Fire in Thurston County

Ryan Nute — Sat, 02 Feb 2008 18:40:55 GMT

Sometimes accidents and injuries arise from a combination of factors--not just negligent driving. It's important not to overlook any potential cause in a serious injury accident.

Two people were killed in a car accident in Thurston County early Sundy morning. According to the Washington State Patrol the 1997 Pontiac Grand Am was traveling northbound on SR 101 at about 1:30 a.m. when it veered to the right, left the roadway, hit a tree and was engulfed in fire. It is not known whether or not alcohol or drugs were a factor in the accident.

Car fires resulting from an impact can be complicated to explain. Sometimes they result due to the combustible materials present in the engine compartment. But sometimes the fire--or the rate at which it spreads--can result from a product defect or negligent repair.

Originally posted at InjuryBoard by Ryan Nute

Pet Injured in Head on Crash

Michael Myers — Mon, 28 Jan 2008 11:35:26 GMT

More and more people are driving with pets in their cars. That means more and more pets are being injured in motor vehicle accidents.

A poodle riding in a pickup truck was seriously injured when a driver traveling the opposite direction on State Route 515 crossed the center line and hit the pickup head on. The pickup driver, a 48-year old woman from Kent, and her passenger, a 49-year old man from Kent, were transported to a hospital with neck and back injuries. The poodle was taken to a local veterinary hospital for surgery.

Veterinarian bills and the emotional distress associated with injuries sustained by a pet are compensable. However, this is an emerging area of the law. Insurance companies do not roll over on claims like this. It's important that you engage competent counsel experienced in motor vehicle and pet-related claims.

Originally posted at InjuryBoard by Michael Myers

Birth Control Patch Gets Updated Label

Jenny Albano — Sun, 20 Jan 2008 17:29:48 GMT

The FDA approved new changes to Ortho Evra Contraceptive Transdermal Patch's label on Friday, January 18. The label will include the results of a study that found that users who use the birth control patch are at a higher risk of developing blood clots, or known as venous thromboembolism (VTE), than for women who use birth control pills.

The study was conducted on women from 15-44 and illustrated the same results as previous studies.

In September 2006, FDA revised the label for Ortho Evra to warn women of the risk of VTE based on two epidemiology studies. One study, conducted by i3 Ingenix, showed that some women using the patch were at a two-fold greater risk of developing VTE. The other study, conducted by BCDSP, showed they were not at increased risk compared to women using birth control pills containing 30-35 micrograms of estrogen and the progestin norgestimate.

Ortho Evra is a prescription patch that releases an estrogen hormone and a progestin hormone through the skin into the blood stream. Women using this product will be exposed to around 60% more estrogen than those who use regular birth control pills containing 35 micrograms of estrogen. Increased levels of estrogen can increase the risk of side effects such as VTE. The FDA believes that Ortho Evra is safe and effective when used according to the labeling, which states that women with concerns or risk factors for blood clots should talk with their doctor about using Ortho Evra.

For more information on this subject, please refer to our section on FDA and Prescription Drugs.

Originally posted at InjuryBoard by Jenny Albano

I Got Doored!

Ryan Nute — Wed, 02 Jan 2008 09:37:55 GMT

It's one of the commuting cyclist's perils. You're riding on the shoulder past parked cars when all of a sudden someone opens their car door, leaving you the choice of (a) crashing into said door or (b) veering left into traffic. Quite the "Hobson's Choice" (that is, no choice at all).

Did you ever wonder whether drivers have a legal duty to look before opening their doors? Well, they do. And here it is. A Washington statute (RCW 46.61.620) provides as follows:

"No person shall open the door of a motor vehicle on the side adjacent to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle adjacent to moving traffic for a period of time longer than necessary to load or unload passengers."

This is also incorporated into Seattle's traffic code (see SMC 11.58.050).

This law was written to keep bicyclists safe. If it's violated and a bicyclist is injured, there shouldn't be any reservations about holding the person who opened the door legally accountable.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ryan Nute

Drunk Driver Causes Deadly Accident in Tacoma

Ryan Nute — Sat, 29 Dec 2007 10:34:00 GMT

On Christmas Eve Peter Pung, 18, was hit and killed by a drunk driver. Pung was driving on Golden Given Road East, a road in Tacoma, Washington, when a pickup blew through a stop sign and T-boned Pung's Honda. The driver of the pickup, Aaaron Wayne Bell, 26, crashed into Pung's car with such speed it drove the Honda's passenger-side door into Pung and crushed him against the driver's side door. According to police, Bell was so intoxicated at the time of the crash that he was hardly capable of speech.

The magnitude and apparent randomness of this tragic accident is hard to wrap the mind around. It reminds us how vulnerable we really are on the roads--not to mention the terrible toll drinking and driving can take this time of year.

It would be interesting to know the circumstances under which Mr. Bell obtained the alcohol and whether he was overserved or sold alcohol while he was visibly intoxicated. If so, there may be others who are legally responsible for this accident.

Someone like Mr. Bell is unlikely to have sufficient insurance or other assets (like a house or a big bank account) to compensate Mr. Pung's Estate and his family for his loss. It reminds us how important it is to purchase as much personal injury protection ("PIP") and underinsured/uninsured motorist ("UIM") coverage as possible. While no amount of insurance or any other source of money is really sufficient in a case involving death, it can provide much-needed compensation for medical bills and other damages where a victim sustains non-fatal injuries.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ryan Nute

Passengers Injured in Sumner Crash

Chelsea Gilbert — Fri, 28 Dec 2007 14:08:38 GMT

On Christmas Eve a 35-year old man was killed and two men were critically injured in a car crash on West Valley Highway in Sumner, Washington. According to the police, the driver was speeding, lost control, crossed into oncoming traffic and then hit a tree. The driver was declared dead at the scene of the accident; the two passengers were transported to Harborview Medical Center. Alcohol was found in the vehicle but it is not yet known whether the driver was intoxicated.

Cases involving multiple injured passengers pose an ethical challenge for attorneys. If the passengers' injuries are severe, it's quite possible that the driver won't have enough insurance to fully compensate each of them for their damages. It's very difficult for one attorney to represent multiple clients competing for a limited pot of money. In that case, it's best for each of the passengers to obtain separate counsel so that insurance proceeds, if any, are fairly distributed.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Chelsea Gilbert

Opportunity Cost Key Factor in Assessing Personal Injury Damages

Michael Myers — Fri, 21 Dec 2007 10:47:41 GMT

Personal injury cases are typically valued--by insurance adjusters, personal injury attorneys and juries--based on medical expenses. Oftentimes lost wages and, to a greater extent, opportunity cost, take a back seat. Should people who get hurt in accidents be compensated for the opportunities they miss because of someone else's negligence?

On Monday, Brian Ebersole, former state legislator, Tacoma mayor and Bates Technical College president, was seriously injured in a car accident. Ebersole apparently made a U-turn after existing westbound Highway 16 in an attempt to re-enter the highway and drove in to the path of a pickup truck. Ebersole was transported to St. Joseph Medical Center with serious but not life-threatening injuries.

In this case we have a former Mayor of Tacoma. He remains a mover and shaker. His time is obviously worth a great deal even though he's not necessarily getting paid in connection with his philanthropic ventures. Let's assume for the sake of discussion that he wasn't making a U-Turn and that the accident was the other driver's fault. Shouldn't someone in Mr. Ebersole's position be compensated for that lost time? For his opportunity cost? For what he could have been doing instead of recovering in the hospital?

Originally posted at InjuryBoard by Michael Myers

Deadly Crash on I-5 Highlights Important Issue for Injured Workers

Michael Myers — Mon, 17 Dec 2007 13:48:54 GMT

I was looking through my email and found an alert from KIRO. It described an accident that happened on Friday involving a DOT truck.

During the morning commute last Friday an SUV slammed into a Department of Transportation worker's truck on Interstate 5 in Fife. The collision killed the SUV driver, Roy P. Fuentes, and injured the 56-year-old State worker, David Ball. Ball was outside of his vehicle at the time of the collision, clearing debris from the far-left lane of southbound I-5. The DOT truck was pushed forward and hit Ball. Police believe inattentive driving, speed and possibly drugs were factors that contributed to the crash.

The story raised an important issue. It's an issue that can't be over-emphasized.

When a worker is injured by a third-party (not an employer or a co-worker), the worker can pursue not only workers compensation benefits through the Department of Labor and Industries but also damages for the personal injury from the person who hurt him or her.

To do this the worker must file what's known as a third-party election with the Department. Once the worker does that, the worker can retain his own attorney and seek to recover for medical expenses, lost wages, pain, suffering, disability and the loss of enjoyment of life.

If the worker does not file a third-party election, the Department will pursue claims against the third-party. But the problem with allowing the Department to handle the claim is that it's only interested in recovering the money it paid to the injured worker and nothing more.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Michael Myers

Two Planes Collide Over Washington

Jenny Albano — Tue, 20 Nov 2007 21:36:07 GMT

On Tuesday, November 20, two planes collided in mid-air over Washington. One of the planes landed safely at an airstrip nearby and the other plane crashed into Commencement Bay.

An officer from the Coast guard claimed that two people who crashed in the water were recovered by boaters, but their condition was not immediately known.

The other plane did not crash, but landed at the Thun Field in Puyallup, which is only a few miles from Tacoma. The plane had damage to its landing gear. None of the passengers on that plane were injured.

For more information on this subject, please refer to our section on Mass Transit Accidents.

Originally posted at InjuryBoard by Jenny Albano

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