Washington Injury Attorney Blog

On Saturday, a Dodge Caravan rolled after a rear tire blew and the driver overcorrected causing the vehicle to roll. Six people in the van were injured, including an 11-year-old girl and a 4-year-old girl. What struck me when I was reading the article was the sentence, "It wasn't known if Valencia [the driver] was wearing a seat belt, but none of the other passengers was wearing seat belts or child restraints."

The article appeared in the Yakima Herald, "Six hospitalized after minivan rolls on I-82". The single car accident occurred on Interstate 82 just about 11am. The sentence about the seat belts was in the last line of the article.

While I don't know how severely the injured were in the accident, likely there were some pretty serious injuries because of the rollover and the occupants being thrown around the vehicle. Most likely there were fractures, contusions, lacerations and hopefully nothing more serious. Had everyone in the van been properly buckled up, it is likely they would have escaped the accident with minor injuries.

Washington Seat Belt Compliance

Washington state vehicle code RCW 46.61.687 requires drivers to keep children under the age of 16 to be properly restrained in a child restraint system. I

Washington state has one of the highest compliance with the state seat belt laws. According to the Washington Traffic Safety Commission, the compliance rate is %97.6!

It makes one wonder why no one in this vehicle was wearing a seat belt. Hadn't they gotten the message about the value of wearing a seat belt?

The people in this van are not alone in their failure to buckle up. The Washington State Patrol tickets about 47,000 people a year for failing to use a seat belt.

Continue reading "5 injured in rollover car accident: no one wearing seatbelts" »

In a 7-2 decision, the Washington Supreme Court ruled that accident reports compiled by the Washington State Patrol (WSP)are public records and should be available by request.
The state sought to withhold records from the public arguing that a federal state shielded the records because they were in a Department of Transportation database.

Justice Mary E. Fairhurst wrote for the majority that that citizens of Washington had been allowed to access location-specific reports up until 2003 and that the state was unfairly prohibiting the access of the records.

The case came before the court after a bicyclist, who suffered a paralyzing injury in a bicycle accident on the Montlake Bridge in Seattle, sued after the WSP withheld accident files when he sought location-specific records. The WSP coerced the bicyclist to sign a document stating that he would not use the records to sue the state. The cyclist eventually prevailed and he received a $8 million settlement for his lawsuit claiming that gaps in the steel plates on the Montlake bridge were too wide and caused his accident.

Source: Seattle Times: Wash. justices: Accident reports are public record

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and bicycle accidents and the family of those killed. With our help, you may recover compensation for your damages.
Related Posts:

Jennifer Moeller, 22, has entered a guilty plea to the charge of "serious injury by vehicle" and hit-and-run in the car-vs-motorcycle accident that seriously injured Joan Nicholson reports WOWT.com.

Moeller was texting while driving and crossed into the oncoming lane and hit Nicholson, seriously injuring her. Moeller has not yet faced sentencing.

This accident certainly illustrates the perils of texting while driving. Distracted driving and texting while driving has become a serious epidemic in the U.S. A study released by the Texting Awareness Foundation found that 14 youths die every day from texting behind the wheel and 18% of all fatal car accidents are caused by cell phone use. It has become a cultural norm, especially for America's youths, to have a hand-held device at the ready.

Perhaps Moeller did not realize that in the time it takes to text two words, a car traveling at 55mph can travel the length of a football field. Taking ones eyes off the road for the few seconds it takes can result in a serious injury accident, or even death.

If this accident occurred in Washington state, Moeller might very well face charges of Vehicular Assault. Washington state vehicle code RCW 46.61.522 states that a motorist can be charged with Vehicular Assault if a person in seriously injured in a motor vehicle accident and the driver was under the influence or driving with reckless disregard to the safety of others. A person convicted of vehicular assault could face up to a year in prison.

Continue reading "Woman pleads guilty to texting while driving in accident that injured motorcyclist" »

The Washington State Patrol is looking for a hit and run driver responsible for damaging an underpass on Interstate 90 at exit 45.

Apparently, a truck with an over height load struck an overpass girder doing an estimated half million dollars in damage without stopping and reporting the incident.

While the WSP does not know the exact day when the trucking accident occurred, they believe it occurred within the past week. They are asking anyone with information about the accident to contact Trooper Zepeda at (425) 401-7788 pedro.zepeda@wsp.wa.gov.

The Washington State Department of Transportation requires trucks that measure 14 feet from the road to the top of the load or vehicle are prohibited from traveling on Interstates. Motor carriers are responsible for reviewing routes and height clearances prior to traveling of the route. Motor carriers are required obtain a permit for loads that exceed height clearances and require detours.

If found, the truck driver will most likely be charged with Carrying a Load Over the Legal Height. The truck driver and the company that he or she works for will be held liable for the truck accident damages. The Washington State Department of Transportation will try to obtain compensation for the cost of repairing the bridge.

Continue reading "Truck does half million dollars in damages to freeway overpass" »

Police believe alcohol or drugs may have been involved in the rollover car accident that injured five people — one seriously — yesterday morning near Ellensburg.

According to a report in the Yakima Herald, the single car accident occurred when Joshua Glenn, 20, of Mukilteo lost control on a patch of ice on Interstate 90 between Ellensburg and Vantage and his Jeep rolled off the highway.

Glenn along with his four female passengers from Everett, Snohomish and Mukilteo were taken to Kittitas Valley hospital. One of the women was transferred to Harborview Medical Center in Seattle where she was being treated for serious injuries.

The Washington State Highway Patrol said that Glenn was driving too fast for the icy road conditions. The most common causes of rollover accidents is driving at excessive speed. Often passengers in rollover accidents suffer serious or catastrophic injuries especially if they are thrown from the vehicle or if they failed to wear a safety belt.

If it is found that Glenn was intoxicated at the time of the accident, he could be charged with Vehicular Assault or DUI. Washington motor vehicle code, RCW 46.61.522, states that a driver can be charged with Vehicular Assault if a person is seriously injured in a motor vehicle accident and the driver was intoxicated.

Continue reading "5 people injured in I-90 rollover car accident near Ellensburg" »

A man who suffered an L-3 herniated lumbar disk when his pickup truck was t-boned in an intersection has been awarded a negligence settlement of $2M to be paid by Tel Tec Security Systems.

John Bowden, 50, suffered a disabling injury when his pickup truck was hit by Bryan Popplewell who was working for and driving a van owned by Tel Tec Security Systems.

Bowden's injuries were so severe that they left him permanently disabled and, unable to work, he had to go live with his son. His medical expenses totaled $319,000 and his future medical expenses and life-care costs are estimated between $1.2 million and $2 million.

The defendants had a $1 million insurance policy and an excess policy of $1 million.

Doctrine of Respondeat Superior

In his negligence lawsuit, Bowden claimed that Popplewell was negligent when he failed to yield the right-of-way at the intersection. He filed suit against Tel Tec Security Systems under the doctrine of respondeat superior for Poppelwell's negligence. The legal doctrine of respondeat superior finds that, in some circumstances, employers are liable for the negligent acts of their employees working in the course of their employment.

Al hallmark case of respondeat superior was the Domino's pizza campaign. In the 80's and early 90's, Domino's pizza had a campaign "30 minutes or it's free". Domino's ended this policy after delivery drivers. in a rush to get the pizzas delivered in the prescribed time frame. were involved in car accidents. The company was sued under the doctrine respondeat superior and discontinued the policy.

Continue reading "Man injured in intersection accident awarded $2M " »

Three students were seriously injured in a Quincy school bus accident when their bus driver apparently lost control of the school bus they were riding in and the bus went off the highway, rolled and landed on its side. The Wenatchee World reports that up to 34 other students on the school bus suffered minor injuries including scrapes and bruises.

None of the seriously injured were thought to have life threatening injuries. One student was taken by air to Samaritan Hospital in Moses Lake and two students were taken to a hospital in Ephrata. The other students were taken to Quincy Valley Medical Center where many were reunited with their parents.

The bus driver was not injured in the accident.

The Washington school bus accident occurred this morning around 8:30am on Highway 281 near the intersection of White Trail Road near Quincy. Quincy is an agricultural region approximately 160 miles south east of Seattle and Bellevue.

Though road conditions were good it appears as if the bus drifted to the right and the bus driver over corrected, rolling the bus.

This bus accident will be likely investigated by local authorities. While the National Highway Traffic Safety Administration ensures school bus safety, they usually only investigate catastrophic school bus accidents.

School bus drivers have a huge responsibility for the lives of all of the students on board. Most school bus drivers are highly skilled and care very much for the young people that they drive. Often they have to drive distracted yet maintain diligence at the wheel. With a ratio of 1 adult to 36 or more students, the job is not an easy one.

The Washington school bus accident lawyers understand that while there are 9 billion school bus trips every year carrying millions of students and less than 25 students are killed. American school buses are designed to safeguard students and are the safest way for children to ride to school even without seat belts.

Continue reading "3 students seriously injured in Quincy school bus accident, several suffer minor injuries" »

Two people were tragically killed and a third person was injured in an Olympia single car accident. The Washington State Patrol says the a 25-year-old Shelton man is being investigated for vehicular homicide in the accident as they suspect drugs or alcohol were factors.

Vehicular Homicide

In Washington state, if a person is killed in a motor vehicle accident and the driver's blood alcohol content was 0.08% or greater or if the driver was driving recklessly or without regard to the safety of others, the driver can be charged with vehicular homicide under state statute RCW 46.61.520. Penalties for drivers who are convicted of vehicular homicide due to driving under the influence of drugs or alcohol fall in the range of 78-102 months in prison under a new bill just signed by the Washington legislature.

Seat Belts

Tacoma's News Tribune reports that the two individuals killed in this car accident were not wearing seat belts. Safety belts are proven to save lives and prevent injury and prevent occupants. Seatbelts prevent an occupant from being thrown from a vehicle and they also spread the crash forces over the hips and shoulders which are some of the strongest parts of the human body.

Continue reading "Two passengers killed in suspected DUI car accident in Olympia" »

The Insurance Institute for Highway Safety (IIHS) has given a record number of new automobiles their TOP SAFETY PICK award for the 2012 model year. Automobiles of all descriptions from mini cars to luxury sedans to pickup trucks have increased their safety ratings to earn the coveted safety award.

To earn the TOP SAFETY PICK award, a vehicle must protect the occupants of the vehicle in head-on collisions, side impact collisions, rollover crashes and rear-end collisions.

The IIHS is a non-profit organization which is funded by automobile insurance companies and conducts research and product ratings for passenger vehicles and child safety seats. It seeks to reduce the number of motor vehicle accidents and reduce passenger injuries and property damage.

Electronic Stability Control

The U.S. Government started requiring electronic stability control (ESC) in all motor vehicles starting with model year 2012. ESC is a computerized technology which avoids loss of control accidents by improving a vehicle's stability by detecting and minimizing skids.

Roof Strength

Many manufacturers redesigned their roofs to make them stronger to protect occupants in rollover car accidents and this allowed these vehicles to make the list. The IIHS requires a rating of "GOOD" in rollover crash tests to earn a TOP SAFETY PICK award. Rollover motor vehicle accidents account for approximately 25% of all car accident fatalities. Improving roof strength, implementing ESC and side airbags reduces injuries and fatalities in rollover crashes.

The IIHS started testing roof strength in 2009 and manufacturers took heed and implemented stronger roofs.

Subaru

Subaru is the only auto manufacturer that earned the TOP SAFETY PICK award for every vehicle it manufactures including its small car, the Impreza.

Continue reading "More new cars win TOP SAFETY PICK award" »

Jillian Gordon, 22, of Woodinville was killed in a head-on collision with a semi-truck on State Route 520 in Bellevue near 108th reports The Washington State Patrol (WSP).

According to the WSP, the motor vehicle accident occurred around 4:00am on February 22 when a Mitsubishi Gallant driven by Gordon ran into a semi-truck after being involved in at least one other collision.

The WSP is seeking anyone with knowledge of the accident to contact Detective Sergeant Jerry Cooper (360) 805-1192 or Detective Greg Wilcoxson (360) 805-1195 to aide in their investigation.

It appears that Gordon struck a barrier on westbound 520 near 92nd Avenue Northeast and stopped her vehicle near a construction zone when her vehicle was struck by a Cedar Grove composting truck which spun her car around. She then drove the wrong way on 520 without her lights and collided head-on with a semi-truck near 108th.

Continue reading "Driver killed in Bellevue Highway 520 head-on accident" »

The Washington State Patrol is investigating a head-on car accident on Highway 500 west of Camas in which Jaime L. Saemann, 45, of Camas was critically injured and Makayla M. Yost, 17, of Vancouver was taken to the hospital with less serious injuries.

The Columbian reports that Saemann was traveling westbound on state Highway 500 when she crossed the centerline in her Suzuki Sidekick and hit a Honda Element driven by Yost head-on.

Saemann was taken to PeaceHealth Southwest Medical Center leg and facial injuries and was listed in critical condition.

Yost was taken to PeaceHealth and was treated for bruises and was being evaluated for other injuries.

Both vehicles were totaled in the head-on collision.

Head-On Auto Accidents

Head-on collisions are more deadly that other types of motor vehicle accidents because of the force involved when two vehicles are traveling at high speeds.

Many times, head-head on or cross over accidents occur when a driver is distracted, drowsy or under the influence of drugs or alcohol.

Continue reading "Head-on car accident critically injures driver" »

Paul F. Stewart, 52, was taken to Providence St. Peter Hospital in Olympia with critical injuries after he was injured in an Olympia bicycle accident.

The Olympian, in an article written by Rolf Boone, reported that Stewart was riding on Meridian Road Northeast at 46th Avenue around 11am, when he was struck from behind by a Ford Expedition driven by Samalaulu C. Punimata, 22, of Lacey.

Police are investigating the bicycle accident but the article says that charges are pending. It's unclear whether alcohol or drugs were involved or if Punimata was distracted by a cell phone. The section of Meridian Road where the bicycle accident occurred has a speed limit of 60mph.

If it is determined that Punimata was speeding, distracted or under the influence, he could face serious charges including Vehicular Assault.

Stewart's bicycle accident is one that bicyclist's fear most, getting hit behind. Even when a bicyclist is doing everything right, there is no way to avoid a hit-from-behind accident. In these types of accidents, bicyclists are thrown from the bicycle, sometimes out into traffic , and they can suffer blunt force trauma injuries or head injuries. Stewart was wearing a helmet at the time of the accident which hopefully went a long way in protecting his head.

Continue reading "Bicyclist critically injured in Olympia accident, driver may be charged" »

If you want to keep your teenage driver safe and lessen their chance of being involved in a motor vehicle accident, you might consider having your teen drive the family's large SUV, minivan or large car instead of letting them drive a motorcycle, sports car or a mini car. There are two factors operating here:

1. SUV's and other large vehicles crash less regardless of who is driving. SUV's are also equipped with electronic stability control (ESC) which reduces collision claims by overall by 18 percent.
   
2. Teens tend to drive a sports car or motorcycle too fast and they tend to show off when driving those vehicles.

A Highway Loss Data Institute (HLDI) study compared the incident of motor vehicle accidents between two groups: 16-19 year old teenage drivers and 35-60 year old "prime-age" drivers. The study revealed some startling facts:

• Teenage drivers of super sport motorcycles had motorcycle accident claims at the rate of 27.4 per 100 insured vehicle years which is more than 4 times the accident rate of the prime-age driver group.
• Teenager drivers of sport motorcycles had an accident claim rate of 14.5 versus 5.3 for prime-age drivers.
• Teen age drivers of mid-size sports cars had double the accident claim rate than prime age drivers with 14.9 claims versus 2.5 claims per 100 insured vehicle years.
• Teen age drivers of mini cars and small cars had double the car accident claims than that of prime age drivers.
• Teen age drivers who drive large and very large SUVS have almost the equivalent car accident claims as prime age drivers.

Starting in 2012, all passenger vehicles will be equipped with electronic stability control (ESC) which should reduce collision rates overall.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed.

Continue reading "Buying your teen a "muscle car" or motorcycle increases their accident risk" »

The estate of a trucker who died after an semi-truck trailer accident involving another tractor-trailer driver, has settled a wrongful death case with the company that employed the trucker for an undisclosed amount after a jury awarded a $7 million verdict.

The widow and estate of Roger Reagan 42 filed the wrongful death claim claiming that Morgan Quisenberry, driving a tractor-trailer for Dunaway Timber Co., was negligent and reckless and caused the accident that killed Reagan. Quisenberry crossed the centerline and hit two other vehicles before hitting Reagan's tractor trailer head-on.

Reagan's truck caught fire in the accident and he suffered internal injuries, a crush injury and burns in the accident and he died of cardiac arrest.

It was proven that Quisenberry had exceeded the 11-hour maximum driving limit and that he had falsified his logbook to cover this fact up.

The estate also filed suit against Dunaway Timber alleging negligent and reckless hiring, training and supervising of Quisenberry. Quisenberry was hired without Dunaway Timber doing a background check and they entrusted the semi-trailer to him even though his driver's license had been revoked twice for driving while intoxicated.

The estate also claimed that Dunaway Timber assigned Quisenberry a trip that could not be completed without violating federal hours-of-service regulations.

Continue reading " Tractor-trailer accident results in confidential settlement after jury awards $7 million in wrongful death" »

John Goodman, 48, the founder of the International Polo Club Beach was involved in a motor vehicle accident in February 2010 in which a person was killed. Now, Goodman has gone to great lengths to protect his assets against a likely wrongful death award against him.

Goodman ran a stop sign in February 2010 and collided with a car driven by Patrick Wilson, 23; Wilson was killed in the accident. Goodman was charged with driving under the influence of alcohol, vehicular homicide and leaving the scene of the accident. Reports say that Goodman's blood alcohol content was twice the legal limit at the time of the accident.

Wilson's family filed a wrongful death lawsuit on behalf of Wilson. Wrongful death statutes allow the families of a deceased person to file a claim against the person whose negligent behavior resulted in the death of their loved one.

Goodman, in an attempt to shield his assets from a wrongful death judgment against him, has legally adopted his girlfriend, Heather Hutchins, 42. This move may be beneficial to Goodman because he is legally able to set aside money in a trust for his children which reduces his financial worth when the wrongful death jury awards damages to Wilson's family. Goodman also has two minor children who are legitimate beneficiaries.

A probate court will make the determination of whether the adoption was a sham. If the probate court rules that the adoption was a sham, then Goodman cannot shield his assets in a trust.

Goodman's attorney, Dan Bachi, said the adoption, "has nothing to do with the lawsuit currently pending against him." We wonder if Bachi said this with a straight face or a wink. Goodman's girlfriend and now daughter admits that her dating relationship with Goodman began in 2009.

Hopefully, Wilson's family will get the justice they deserve as their son's life was taken away himself and the family prematurely and he was an innocent victim of drunken driving. And, hopefully Goodman will get the justice he deserves which includes criminal penalties of up to 30 years in prison.

Continue reading "Florida businessman legally adopts girlfriend in attempt to shield assets from wrongful death lawsuit" »

The Everett Herald Net reports that a 45-year-old man was taken to Harborview Medical Center in Seattle with serious injuries after his vehicle was rear-ended on Highway 99 in Lynnwood.

According to the report, the accident occurred around 3:50pm and there were multiple vehicles involved in the accident.

Whose at fault in a rear end car accident?
In rear end car accident, fault is frequently found with the following driver. Causes of rear end motor vehicle accidents include "tailgating", driver distraction such as using a cell phone or a driver not anticipating the traffic flow.

Of course proof of negligence of either driver is required to apportion fault. In any accident, an investigation must be conducted to determine which driver is at fault. The driver of the first car must exercise ordinary care not to stop or slow without giving the driver behind him or her adequate notice of his/her intentions. The following driver must exercise due care by following at a reasonable distance and providing a proper lookout.

Rear End Collision Injuries
Victims of rear end collisions can be seriously injured even in low speed accidents. That is because, even at a low speed, the impact of being hit can cause a person's headto snap forward and back causing a hyperflexion/hyperextension or "whiplash" injury. Because the head's movement is greater than the normal range of motion, the neck muscles can be ripped or stretched.

Whiplash is not the only injuries someone can suffer in a rear-end accident, however.

Continue reading "Lynnwood rear end car accident seriously injures man" »

Did you know that you can register your child safety seat so that you are notified if the seat is subject to recall?

The National Highway Transportation Safety Administration requires manufacturers to notify registered owners by mail if their child seat has been recalled including infant seats, boosters seats and child seats.

Some manufacturers allow you to register via their web-sites. If you prefer or if you do not know how to register, the NHTSA can register your seat for you using a Child Restraint Registration Form found on the NHTSA web-site.

You can choose to either e-mail the form in or mail via U.S. Postal Service to the following address:

National Highway Traffic Safety Administration
Office of Defects Investigation
Correspondence Research Division (NVS-216)
Room W48-301
1200 New Jersey Avenue S.E.
Washington, DC 20590
Fax: (202) 366-1767
E-mail: childseatregister@dot.gov

You can find the information regarding manufacturer, model number and serial number on a label which can be found on the seat.

For more information see the NHTSA web-page, "Register your Child Restraint."

Continue reading "Register your child safety seat in case of a recall" »

The family of a young man who was struck and killed by a drunk driver has been awarded $11M from a Tennessee jury. The award included $5M in punitive damages. (Citation: Hudson v. Wilcox, No. 26601 (Tenn., Washington Co. Cir. Nov. 18, 2011).)

David Hudson, 27, a small business owner was crossing a street when he was hit by David Wilcox who was allegedly driving while intoxicated and without his headlights on when the pedestrian accident occurred.

Wrongful Death Claims

David Hudson's estate which includes his parents and siblings filed a wrongful death claim after his death. A wrongful death claim can be filed on the behalf of a loved one who has been killed due to the wrongful or negligent act of another. Often times a wrongful death claim arises out of the negligent use of an automobile accident (i.e., a drunk driving accident, a hit and run accident, or a pedestrian accident) but they can also arise from on-the-job accidents, medical malpractice, school sports or even criminal actions such as murder or manslaughter.

Wrongful death claims can also in product liability law in which a person is killed by a defective or dangerous product.

Wrongful death statutes allow the family of the deceased to recover damages for a wrongful death. Damages might include burial costs, medical costs, future lost earnings and pain and suffering.

Punitive Damages

Punitive damages can be awarded by a judge (if a jury trial is not held) or by a jury. Punitive damages do provide compensation to the plaintiffs for their loss but they are damages intended to punish or deter the defendant or others from behaving in a similar fashion.

In the case of David Hudson, the jury was sending a message to drunken drivers that their actions are not to be tolerated.

Punitive damages are applied differently depending on the state. Many insurance companies have lobbied states which have enacted "caps" on punitive damages awards.

Washington Wrongful Death Claims

The Farber Law Group has more than 30 years experience assisting families who have had a loved one die an untimely death whether it was a child who was not supervised properly at school, a construction worker who fell from a poorly erected scaffold or the death of a pedestrian caused by a drunken driver.

Statute of Limitations

Immediate family members of someone who died due to the negligence of another may have a Washington wrongful death claim. Every state has a time limit -- called a "statute of limitations" -- on which a wrongful death lawsuit can be filed in court. You should seek the counsel of a personal injury attorney who is experienced with Washington's wrongful death statute and who can evaluate your claim.

Continue reading "Family of pedestrian killed by drunk driver receives $11M wrongful death award" »

Sometimes the most bizarre stories are true.

Today, The Olympian reported that a 60-year-old woman was arrested after she drove her car 17 miles on Interstate 5 in the wrong direction. The report said that drove north in the southbound lanes at speeds of more than 100mph without her headlights on.

Everyone driving on the stretch of Interstate 5 between Tumwater and Joint Base Lewis-McChord is lucky to have avoided being in a collision though the paper said there were several near misses.

Police were able to apprehend the woman after they used spike strips to stop her car.

Though this story is decidedly bizarre, wrong-way car accidents occur more than one would think. According to the National Highway Traffic Safety Administration (NHTSA) wrong-way car accidents are the cause of 3% of all motor vehicle accidents and 5% of all motor vehicle fatalities.

Causes of Wrong Way Driving

About half of all wrong way driving accidents are caused by people attempting to make a U turn. Unfathomable that it may seem, some people attempt to make U turns on major highways.

The other major cause of wrong way driving is intoxication. Drunk drivers get confused and enter off ramps and start driving down the highway. In fact, most wrong-way car accidents involve either alcohol or elderly drivers.

Elderly drivers can be confused while driving at night time. Many elderly people suffer from cataracts or other vision problems and they have trouble reading traffic signs and become confused with on and off ramps after dark.

Occasionally, a suicidal person will deliberately cross the center line and drive the wrong way.

Avoiding the Wrong Way Driver

Whenever you are driving be sure to scan the road ahead of you and look for emergency situation such as traffic suddenly braking or swerving. Look out for headlights coming in the opposite direction. Use extreme caution when driving in the inside lane of an undivided highway, especially on curves. Most wrong way drivers will drive in the inside lane or inside shoulder thinking they are on a two-lane road.

Results of Wrong Way Driving

Most wrong way drivers cause head-on collisions or side swipe accidents. These are some of the most serious types of accidents and they often result in catastrophic injuries, such as spinal cord injury, traumatic brain injury, or death to the wrong way driver and to the innocent people he or she runs into.

Car Accident Help

If you or a loved one has been seriously injured or killed by a negligent driver, you are advised to seek legal help. The reason is that a Washington personal injury attorney investigating your car accident would determine whether there was alcohol consumption by the driver who caused your crash. In some circumstances, you might be able to make a claim against the establishment that served the alcohol.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those who have died. We provide a FREE and CONFIDENTIAL case evaluation and we will honestly assess your case with no pressure put on you to sign anything.

Related Posts:

3 injured in wrong-way car accident on Washington Interstate 90

Wrong-way driver arrested in fatal Spokane car accident

2 injured when wrong-way driver collides with tanker truck in Vancouver, WA

Continue reading "Wrong way driver drives 17 miles on I-5 nearly avoiding car accidents" »

You are standing at a rental car counter and the rental agent asks you if you want to purchase car insurance on the vehicle you are renting. Should you purchase the insurance? Does the insurance you purchase for your personal automobile cover a rental car?

The car rental company will likely tell you that buying additional insurance will give you "peace of mind" or that the insurance you purchase through them has "no deductible" which can save you in the case of a car accident.

It is a good idea to check with your insurance company about your own policy because policies can vary from state-to-state and you want to make sure you are adequately insured. Sometimes even your credit card company will reimburse you for your deductible if you are involved in a motor vehicle accident in a rental car.

Non-Owned Car Coverage

When checking with your insurance agent, be sure to ask the question, "Do I have Non-Owned Car Coverage."

We were reading a court decision, Chandler v. Geico Indem. Co, 2011 WL 5864808 (Fla. Nov. 23, 2011) in which the case decided the question, "Does Geico's Non-Owned Car Coverage cover motor vehicle accident injuries caused by the negligent use of a rental car even though the driver of the rental car was not an authorized driver under the rental car contract?"

In this case, the Florida Supreme Court ruled that the rental car was a "temporary substitute auto" under the insured's automobile insurance policy and therefore Geico was liable for injuries.

The case arose when Kutasha Shazier rented a car from Avis because her auto was in the repair shop. The rental car contract stated that Shazier was not authorized to allow additional drivers of the rental car unless Avis provided prior written approval.

Shazier's personal car insurance with Geico provided "Non-Owned Car Coverage" to cover a temporary substitute auto not owned by Shazier but temporarily used with the permission of the owner.

Shazier lent the rental car to Tercina Jordan who was involved in a single-car accident in which one passenger was killed and several others were injured. The injured passengers and the deceased passenger's estate filed a lawsuit against Shazier and Jordan. Geico, Shazier's insurer argued that they did not have to cover damages because the rental car was not a temporary substitute because Jordan did not have Avis' permission to drive the vehicle.

The court ruled that the rental car qualified for insurance under Geico's "temporary substitute auto" policy and even though it was not owned by the insured person it could be considered an "owned auto" and the insurer must cover the insured and any person using the vehicle that Shazier had given permission to.

How a Personal Injury Attorney can Help You in a Car Accident

Even though you may large insurance premiums, your insurance company may not one to pay a legitimate claim or they might want to lessen your award. A Seattle personal Injury attorney can help you fight insurance companies after your accident. You will likely receive a greater award if you hire a qualified and experienced lawyer to represent you. And, in a complex case like the one we described above, hiring a personal injury attorney is absolutely essential.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm representing clients with car accident injury claims throughout the greater Seattle-Bellevue-Tacoma metropolitan area and throughout the Pacific Northwest. We provide FREE and CONFIDENTIAL case evaluations so contact us today.

Related Posts:

Automobile Accident Questions

Continue reading "Does my car insurance cover an accident in a rental car?" »