The Seattle Personal Injury Blog
Posted Friday, April 9, 2021 by
Chris Thayer
A 63-year-old Seattle man who was riding his bike near Seward Park around 7:00 at night was fatally struck by a late model silver Nissan Sentra, which then fled the scene, abandoning the critically-wounded victim. The driver was traveling north on Seward Park Avenue South, east of Wilson Avenue South, at the time of the collision. Several witnesses saw the accident occur, and told police they believe the car had Washington plates and that the first six characters were BKU 053. Police say that the Nissan involved in the hit-and-run will also have a broken windshield.
The man was not killed by the impact, and witnesses performed CPR on him until paramedics arrived and transported him to Harborview Medical Center where he later passed away due to his injuries. The investigation into this case is still open ongoing, as the driver has not yet been identified. Anyone with information is asked to call 206-233-5000.
*The Recent in a Long String of Pedestrian Deaths * Seattle has been reckoning with its pedestrian-vehicle collision crisis for decades. In 2010, it enacted the plan Vision Zero, designed to reduce Seattle traffic fatalities to zero by 2030, noting that their streets and highways have always been designed for the convenience of cars, rather than for the safety or ease of use for pedestrians. The Vision Zero Coordinator, Allison Schwartz, emphasized that Seattle’s homeless and elderly citizens are the most vulnerable to fatal car crashes.
*Despite Fewer Drivers, More Deaths * The data is perplexing at first glance. There were less drivers on the road due to the pandemic, so you might expect there to be fewer accidents, injuries, and deaths. And you are partly right. Last year Seattle had the lowest number of serious injuries as a result of vehicle crashes out of all the years, but tied with 2013 for the highest number of deaths. How could injuries decrease while fatalities increase? More than half the people killed were pedestrians. It is no secret that pedestrians are incredibly vulnerable to vehicles. If a pedestrian is hit by a vehicle, they are almost certain to be injured, as the vehicle likely weighs about 30 times as much as they do, and is in motion. In fact, if a car hits a pedestrian at just 30 miles per hour, there is a 20% chance that the pedestrian will be killed. If that speed increases by just 5 miles per hour to 35 mph, the chance of death for the pedestrian increases to 50%. If the speed increases to 45 miles per hour, the risk of fatality for the pedestrian jumps to a staggering 90%. 45 miles per hour is far lower than many state roads, but Seattle has been working to reduce speed limits all over the city.
*Schedule a Consultation * If you have been injured in a Seattle-area vehicle accident due to another driver’s carelessness or recklessness, Pivotal Law Group is here to help. Serving Seattle, Bellevue, Kent, Rento, Burien, Mercer Island, Issaquah, and all surrounding areas, our lawyers are prepared to zealously advocate on your behalf and ensure that you get the compensation that you deserve. Contact Pivotal Law Group today to schedule your consultation.
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Posted Friday, April 2, 2021 by
Chris Thayer
Car accidents can be devastating to your body, physically and emotionally. Hitting another car, even at a low speed, is essentially like running into a wall at that speed. In head-on collisions, the force is doubled, leading to even more serious injuries. Spinal cord injuries, while not always obvious at the scene of the crash, can be life-altering and very serious. Understanding the kinds of spinal cord injury that are common in an accident, may help you to be on the lookout for similar symptoms so that you can seek appropriate treatment.
It is critical to go to a hospital for medical treatment as soon as possible following an accident, even if you do not have symptoms. Sometimes the adrenaline that a crash triggers can block our ability to fully feel pain, so we decline medical treatment only to wake up the next day unable to sit up. The more time that passes between the accident and medical treatment, the more of an opportunity it presents the defense to claim that something other than the crash caused your injuries, so it is always better to get a physical evaluation sooner rather than later.
*Common Spinal Cord Injuries Caused by Vehicle Collisions* - Whiplash. Whiplash is one of the most common spinal cord injuries related to vehicle collisions, and is particularly prevalent in rear-end accidents. Whiplash is a cervical spine injury, caused when the neck is forced to suddenly snap back and forth like a whip. Whiplash may seem like a common phrase, but it triggers a broaden condition, known as Whiplash-Associated Disorder. This disorder can cause depression, dizziness, fatigue, irritation, headaches at the base of the skull, limited neck movement, numbness in the arms, problems focusing, ringing in the ears, and more. - Herniated Discs. A herniated disc occurs when a spinal disc is placed under too much pressure, causing the disk’s soft center to ooze out, and place pressure on the surrounding nerves. In some cases, herniated discs can also be caused by repetitive movements, or old age, which decreases the cushioning between the discs. A herniated disc can be an incredibly uncomfortable and debilitating experience, causing muscle weakness around the affected area, pain, tingling, and other nerve-sensations, limited range of motion, and other symptoms which can affect a person’s ability to complete day-to-day tasks. - Vertebrae Fractures. Like all bones, vertebrae are susceptible to fracture. Minor factors can heal on their own over time, provided the person takes ample rest and does not place the vertebrae under additional stress. Even minor fractures can cause severe pain when moving. Depending on the area where the fracture occurred, it may also cause weakness or tingling in the extremities, limited movement, or loss of bladder and/or bowel function. More serious fractures can cause paralysis or even death.
If you have been injured in an accident and are experiencing any of these symptoms, it is important to seek medical attention as soon as possible.
**Talk to a Seattle Personal Injury Lawyer
**If you have been injured in an accident, you do not have to bear the burden alone. Pivotal Law Group is prepared to zealously advocate on your behalf and ensure that you get the settlement to which you are legally entitled. Call today to schedule your free consultation.
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Posted Friday, March 26, 2021 by
Chris Thayer
If you or a loved one has been seriously injured in a Washington state accident that was not your fault, you may be feeling overwhelmed and struggling to cope in the aftermath. Accidents can be life-altering, and it seems unfair that you should have to suffer the (sometimes permanent) consequences of someone else’s negligent or reckless actions. Luckily, you do have options. Bringing a personal injury claim against the liable party can allow you to recover all past and future expenses related to the accident, as well as compensation for pain and suffering.
*Bringing a Personal Injury Claim * In order to bring a successful personal injury claim in Washington, it is not enough to simply show that you were injured. You must also show that another party (whether it be an individual or business) breached their duty of care to you by acting negligently or recklessly, and that their breach of duty caused your injury. A driver breaches their duty of care when they do not act with reasonable care toward other drivers on the road. This involves following the speed limit and all legally required safety precautions and avoiding acting in a way that puts themselves or other drivers at risk. A driver breaches their duty of care to other drivers by speeding, because it increases the risk to all other drivers on the road.
To illustrate this concept, if Driver A was speeding and Driver B veered off the road into a ditch, Driver A’s negligent conduct did not cause Driver B’s harm, so Driver A is not liable. However, if Driver A was distracted and texting while driving and collided with Driver B, Driver A’s negligence would be the direct cause of Driver B’s harm, so Driver A would be liable for Driver B’s harm.
*Damages in a Washington Personal Injury Claim* A successful personal injury claim aims to restore you to the position you would have been in financially had the accident never occurred. This includes reimbursement for all medical treatment, medication, and all expenses related to the accident. If you had to miss work because of the accident, you can also be reimbursed for lost wages. If the injury will keep you from returning to the same job or has decreased your earning potential, you can also recover your lost earning potential.
Pain and suffering differ from economic damages, because they provide compensation for a non-economic injury — the pain and suffering you experienced as a result of an accident. This award is potentially unlimited, as it is intended to penalize the offender, rather than reimburse the victim for a specific dollar amount.
*How Much Time Do I Have to Bring a Personal Injury Claim? * Each state has a statute of limitations, or time limit, on how long a victim has to make a claim. The idea is that by keeping the court date as close to the accident date as possible, it makes it easier to obtain accurate witness statements and evidence. In Washington state, you have three years from the date of the accident to file a claim.
*Talk to a Washington Personal Injury Lawyer * If you or a loved one has been injured as a result of an accident caused by someone else’s negligence or recklessness, the experienced personal injury lawyers at Pivotal Law Group are here to help. Serving Seattle, Bellevue, Kent, Rento, Burien, Mercer Island, Issaquah, and all surrounding areas, our lawyers are eager to zealously advocate on your behalf and ensure that you get the full amount of compensation that you are entitled to. Call to schedule a consultation today.
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Posted Friday, March 19, 2021 by
Chris Thayer
Being involved in a vehicle collision can be a devastating and traumatic experience. Injuries sustained in a car accident can alter someone’s day-to-day life and their long-term career options. If you or a loved one has been injured in a Washington state vehicle collision, you may be feeling hopeless and overwhelmed by medical bills, vehicle repairs, rental car bills, and other expenses, in addition to trying to heal and move on with your life. This is why many victims of car accidents choose to bring a personal injury lawsuit.
*Damages Available in a Washington Personal Injury Lawsuit * A personal injury lawsuit aims to put the victim back in the position that they would have been in financially had the accident never occurred. This can mean compensation for all medical expenses paid as a result of the crash, as well as for future medical treatment, lost wages, lost earning potential, and more. While nothing can erase the emotional and physical damage that a car accident can cause, a personal injury lawyer can help you pursue compensation for the full amount of financial damage suffered. Seeking compensation for the non-economic damages of pain and suffering also allow you to penalize the offender for the pain their recklessness caused you. These damages can vary based on different factors, such as the degree of recklessness or malice on the part of the offender, as well as the degree of harm caused to the victim, how permanent it is, and how it will affect their life. There is no cap on these damages, and they can extend into the millions depending on the specific circumstances of the case.
*Washington State’s Comparative Fault Rule for Negligence * In Washington state, negligence is assessed using the comparative fault standard. This means that when making a determination of liability for the crash, the court will consider the fault of both parties. If the suing party is determined to have contributed a percentage of fault to causing the accident, the proportionate percentage will be deducted from their damages award.
For instance, let’s take a situation in which Driver A is driving drunk and blows through a stop sign while weaving around the road, ultimately hitting Driver B who came to a rolling stop at a stop sign. Driver B suffered serious injuries, including a broken collar bone. The jury may determine that Driver A was 90% at fault, and that Driver B’s failure to come to a complete stop made them 10% at fault. If the jury then awarded Driver B $100,000 in damages, Driver B would receive $90,000 ($100,000 - 10%).
An experienced Washington personal injury attorney will know to present the strongest possible version of your case, while also preparing for the defense to try and mitigate their own liability.
*Talk to an Experienced Washington Personal Injury Attorney * If you or someone you love has been injured in a Washington vehicle accident, Pivotal Law Group is ready to advocate on your behalf. Serving Seattle, Bellevue, Kent, Rento, Burien, Mercer Island, Issaquah, and all surrounding areas, our lawyers are prepared to help you navigate the legal process and get you the settlement that you deserve. Call today to schedule a consultation.
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Posted Friday, March 12, 2021 by
Chris Thayer
A car accident can be a truly devastating occurrence mentally, physically, and financially. It may feel like asking you to write a pain journal after a vehicle collision is just adding insult to injury. After all, you are probably investing a lot of effort in trying to ignore your pain and get on with your life. However, it is not fair that you have to suffer the medical consequences of someone else’s negligence or recklessness. It is important to seek medical attention immediately following an accident, to ensure that you are aware of all injuries and that they are documented for insurance and the settlement. Injuries left untended, or that you try to ignore, can turn into permanent injuries and chronic conditions. Filing a personal injury lawsuit can be a way of ensuring that you are able to get the medical care that you need, without being barred by cost or a lack of insurance. If your harm was caused by someone else’s negligence, they are legally and financially responsible for the damages. A Washington personal injury lawyer can help you sue them to collect the compensation that you are owed by law.
*What is a Pain Journal? * A pain journal can be whatever you want it to be, but in its simplest form, it is a daily journal tracking your pain, physical limitations, and emotional trauma, following an accident. In your pain journal, you may choose to include frequent photographs and documentation of your injuries, doctor’s appointments and appointments with specialists that you attended for your injuries, time out of your day spent tending to your injuries, how your injuries or pain have affected your ability to engage in day-to-day life, complete personal care tasks, or do your job, and any emotional issues that are coming up for you, including nightmares, panic attack, and increased anxiety. If you used to be a delivery driver and you now have crippling panic attacks every time you are in a vehicle which kept you from doing your job, this is an important thing to write in your journal. If you could not hold your newborn baby because of the broken arms you sustained in a crash, that is also important to include.
*How Does a Pain Journal Help My Settlement?* Pain and suffering are non-economic forms of compensation, awarded based on the perceived pain and suffering caused to the victim. The more accurate and personal a picture you are able to paint of your pain and suffering for the jury, the more accurately they will be able to match a monetary number to the trauma you have endured. A jury can hear that you broke two arms in a car crash and understand that it hurt, but it is another thing for them to understand how it impacted you on a daily level — how it kept you from being able to cook for your children, or provide for your family, or how you still cannot sleep without nightmares.
*Talk to a Washington Personal Injury Lawyer * If you have been injured in a Washington car accident, Pivotal Law Group wants to help you fight to get the compensation that you deserve. Serving Seattle, Bellevue, Kent, Rento, Burien, Mercer Island, Issaquah, and all surrounding areas, our lawyers are prepared to offer you a free personalized initial consultation. Call today to schedule your free consultation.
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