The Seattle Personal Injury Blog
Posted Friday, February 24, 2023 by
Chris Thayer
Over the last 10 years, motorcyclist fatality and serious injury rates have both increased significantly. The medical bills alone in a catastrophic (life-threatening) injury case usually exceed $100,000. Without adequate compensation, crash victims could be financially responsible for those charges. Even if a group health insurance company pays them, which is a big “if,” the deductibles and copays alone could be financially crippling.
To keep that from happening, a Kent personal injury attorney builds a strong claim from the ground up. This claim not only establishes a prima facie (preliminary) negligence case. It also refutes some common insurance company defenses, some of which are outlined below. Our team’s hard work pays off for victims in the form of maximum compensation for their serious injuries.
*Formal Defenses*Comparative fault is probably the most common defense not only in motorcycle crashes, but also in car wrecks in general. Basically, comparative fault shifts the blame for an accident from the tortfeasor (negligent driver) to the victim.
A bad incident like a car crash often has more than one cause. For example, Ben might have been tailgating when Jerry stopped suddenly. When jurors consider such facts, they must divide responsibility on a percentage basis, like 50-50, between the two motorists.
In many jurisdictions, a split like 50-50 eliminates the victim’s compensation. But Washington is a pure comparative fault state. Even if the victim was 99% responsible for the wreck, the tortfeasor must pay a proportionate share of damages.
Other defenses, like last clear chance, only apply in some situations. This doctrine could apply in a left-turn motorcycle crash, one of the most frequent kinds of motorcycle wrecks.
Assume Ben is waiting at an intersection to make an unprotected left turn against traffic. He does not see Jerry the motorcyclist approaching, and Ben turns directly into Jerry’s path.
If jurors determine that Jerry missed the last clear chance to avoid the wreck, perhaps because he did not slam on his brakes, Jerry is legally responsible for the wreck, even though he did nothing wrong.
Evidence is usually the key to refuting these defenses. A Kent personal injury attorney must leave nothing to chance when it comes to reconstructing the crash.
Some defenses that are available in other jurisdictions are unavailable in Washington. The helmet defense is a good example. Many states, including Washington, have universal helmet laws. However, helmet non-use is inadmissible in civil cases in the Evergreen State.
*Informal Defenses*Repeated delays are an example of an informal defense in a motorcycle wreck claim. Insurance companies typically drag their feet as long as possible in these cases. They know that delay hurts the party with the burden of proof, which in this case is the victim/plaintiff.
Witness availability is a good example. Many people relocate frequently. So, if a motorcycle crash trial is held a few years after the wreck, which is not uncommon, many key witnesses may have moved and not left forwarding addresses. A Kent personal injury attorney must preserve witness testimony early in the process in case that witness is later unavailable.
Additionally, many insurance companies use the motorcycle prejudice, either by itself or in combination with a formal defense, to reduce or deny compensation.
Fundamentally, many jurors think motorcycle riders are reckless thugs who take reckless chances. Therefore, these jurors are more willing to embrace defenses like comparative fault. These jurors could also reduce compensation simply because they do not like the victim.
Usually, the best approach in these situations is to separate the victim from the prejudice. Biased jurors may still believe that “most” motorcyclists are reckless thighs, as long as they separate the victim from the pack.
Rely o*n a Dedicated King County Attorney*Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury attorney in Kent, contact Pivotal Law Group, PLLC. You have a limited amount of time to act.
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Posted Friday, February 17, 2023 by
Chris Thayer
The average economic cost of a catastrophic (life-threatening) vehicle collision injury is over $100,000. Most tortfeasors (negligent drivers) do not have enough insurance coverage to make good on these economic losses. Washington has one of the lowest auto insurance minimum requirements in the country.
Additionally, most tortfeasors certainly do not have enough insurance coverage to make good on emotional distress and other noneconomic losses.
It is possible to sue these tortfeasors individually, but most people are judgment-proof. Therefore, a Renton personal injury attorney typically uses third-party liability theories, like one of the theories discussed below, to obtain maximum compensation in catastrophic and fatal injury cases.
*Owner Liability*This third-party liability theory is available in both commercial and noncommercial negligent entrustment matters. Basically, negligent entrustment is an owner allowing an incompetent driver to use their motor vehicle.
Evidence of incompetence includes a safety-suspended driver’s license, a poor driving record with prior safety suspensions, and a poor driving record with recent at-fault collisions. Drivers could also be incompetent as a matter of law if they violate a license restriction, like no nighttime driving.
Commercial owners, like Enterprise and U-Haul, could be liable for car crash damages if they negligently entrust a vehicle to a renter and there is a contractual relationship between the owner and renter. The federal Graves Amendment, which limits owner liability in these situations, could affect a Renton personal injury attorney’s legal claim in this area.
Noncommercial transactions usually include parents letting children borrow cars or roommates letting other roommates borrow cars. Washington courts broadly interpret the family purpose doctrine. There is basically a presumption that a noncommercial borrower used the vehicle for a family purpose. That is another element of many noncommercial negligent entrustment claims.
*Employer Liability*The respondeat superior rule typically applies if the tortfeasor was a truck driver, bus driver, Uber driver, or another commercial operator. This legal doctrine has two basic prongs:
Employee: Most of the aforementioned operators are independent contractors or other non-employees for most purposes. However, these individuals are usually employees for negligence purposes. Uber and other companies control their drivers in areas like passengers or cargo carried.Scope of Employment: We will stay with Uber drivers as an example. Any act that benefits the employer is within the scope of employment. That category includes deadheading drivers who are driving aimlessly, waiting for fares.
Most personal insurance policies do not cover commercial losses. So, unless they have special insurance policies or riders, Uber, Lyft, and other ridesharing operators are basically uninsured.
Other employer liability theories, which usually apply in assault and other intentional tort claims, include negligent hiring and negligent entrustment.
Incidentally, most commercial operators have a higher duty of care in Washington. So, it is easier for a Renton personal injury attorney to prove negligence, or a lack of care, in these situations.
*Dram Shop Liability*Restaurants, bars, and other commercial alcohol providers are vicariously liable for car crash damages if they illegally sell alcohol to a tortfeasor who later causes a car wreck.
Serving an intoxicated patron is the most common illegal sale. Evidence of intoxication at the time of sale includes physical symptoms, like slurred speech, and the customer’s recent purchases at that establishment.
Other illegal sales include underage sales, unlicensed sales, and before or after-hour alcohol sales.
*Reach Out to a Hard-Working King County Attorney*Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury attorney in Kent, contact Pivotal Law Group, PLLC. We do not charge upfront legal fees in these matters.
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Posted Friday, February 10, 2023 by
Chris Thayer
Falls send many older people to nursing homes and force them to stay there longer than expected. Falls account for about 40% of nursing home admissions. 60% of nursing home residents sustain a serious fall every year. Our world moves so fast that people with visual or mobility impairments usually get left behind. Furthermore, many nursing homes are so understaffed that there’s no one to keep residents safe at all times.
Society and nursing home owners may not give older people proper respect, but a Burien personal injury attorney treats everyone with equal respect. This treatment includes fighting hard to obtain maximum compensation, regardless of the odds or circumstances. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Ol*der Adult Injuries*Falls happen inside and outside of nursing homes. Falls also cause physical and emotional injuries.
Broken bones may be the most common and severe fall injuries. Many older adults have pre-existing physical conditions, like arthritis. Furthermore, these pre-existing conditions make these victims more vulnerable to serious complications. Therefore, what would be a few weeks in a cast for a younger person could mean a few weeks in the hospital for an older person.
A Burien personal injury attorney can usually obtain maximum compensation in these situations. People should not treat other people differently because they are physically vulnerable. Legally, insurance companies cannot treat vulnerable people differently than anyone else.
Broken bones usually heal, at least for the most part, given enough time and proper treatment. Emotional fall injuries, on the other hand, usually never heal.
These two injuries feed off each other. Broken bones are extremely painful. Therefore, many older adults are so afraid of falling again that they become sedentary. This lifestyle increases the risk of another fall, and the downward spiral continues.
This spiral usually ends with permanent full-time care. Most older adult fall victims cannot ever live independently again.
*Liability Issues*Nursing home owners are liable for fall damages if they had a duty of care to keep the victim safe, and they knew, or should have known, about the injury-causing hazard.
Washington law divides victims into categories to determine the duty of care. Nursing home residents are invitees, which is the highest category. Invitees have permission to be on the land, and their presence benefits the owners. So, nursing home owners must remove or otherwise address injury hazards.
Direct evidence of actual knowledge includes a prior fall related to that hazard and a cleaning report. Circumstantial evidence of constructive knowledge (should have known) follows the time-notice rule.
Several effective defenses are available in fall injury claims. These defenses are less effective if the victim is over 65.
Assumption of the risk is a good example. As a temporary remedy, owners can deploy warning signs, like “Caution Wet Floor.” Frequently, older adults cannot see these signs very well, especially if the lights are low.
On a related note, many older adults have gait disorders. They shuffle their feet when they walk. So, when these individuals trip, they cannot regain their balance and usually fall, even if the hazard is not severe.
*Count on a Tough-Minded King County Attorney*Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury attorney in Burien, contact Pivotal Law Group, PLLC. You have a limited amount of time to act.
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Posted Friday, February 3, 2023 by
Chris Thayer
The answer to this question is unclear. State law is uncertain on this point. According to a 1943 case, owners are responsible for car crash damages if there is a valid contract between the owner and driver. U-Haul rentals could meet this standard, especially if the lease agreement contained provisions about what the renter could and couldn’t do while behind the wheel. The 2005 Graves Amendment, which is outlined below, runs contrary to this court decision. This law makes it impossible to sue some vehicle owners for negligence if they rent vehicles to people who cause crashes.
The answer to this question is also critical. A fully-loaded U-Haul moving truck weighs over 14,000 pounds. Under other circumstances, most renters aren’t legally qualified to operate such vehicles. Additionally, most renters decline the additional insurance add-on, which means they are dangerously underinsured. So, the possibility of a serious wreck is high, and the likelihood of obtaining maximum compensation from the renter is low.
A Burien personal injury attorney must assume the worst and expect the court to enforce the Graves Amendment instead of the ancient Poutre v. Saunders decision. Fortunately, the brief Graves Amendment, which was a policy rider to a large transportation bill, has some major flaws. Attorneys who know how to exploit these flaws usually obtain maximum compensation for seriously-injured victims.
*Not Otherwise Negligent*Before we dive into this Graves Amendment requirement, let’s take a moment to define “negligence” in this context.
Owners are negligent if they knowingly allow incompetent operators to borrow, or lease, their motor vehicles. People without valid driver’s licenses are usually incompetent as a matter of law, regardless of how much experience they have behind the wheel.
U-Haul and other owners are immune from liability lawsuits if they, or their employees, were not otherwise negligent in the rental transaction at issue.
Back in 2005, owners and clerks had no efficient and cost-effective way to verify a renter’s driver’s license other than a visual inspection. So, there was no way to tell if the renter’s license was suspended.
Technology has advanced by leaps and bounds over the last twenty years. Anyone with an internet connection can verify a license for just a few dollars. The failure to do so violates industry standards in the vehicle rental industry. Violating standards is evidence of negligence.
On a related note, people with bad driving records that include recent safety suspensions or at-fault collisions might also be incompetent operators under Washington law.
*Vehicle Rental Trade or Business*Additionally, Graves Amendment immunity only applies to companies that are in the trade or business of renting vehicles. A company may rent trucks, but that does not mean it is a truck rental company.
Beer and wine sales are, by far, the biggest moneymaker for most convenience stores. Yet these establishments are convenience stores, not liquor stores. By the same token, most U-Haul outlets rent trucks, sell moving supplies, and rent storage units.
So, a Burien personal injury attorney can argue that even if truck rentals generate most of their income, these outlets are moving service companies, not vehicle rental companies. That designation makes Graves Amendment immunity inapplicable.
*Work With a Diligent King County Attorney*Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury attorney in Burien, contact Pivotal Law Group, PLLC. We have several offices in Washington State.
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Posted Friday, January 27, 2023 by
Chris Thayer
Most surgeons are very busy. They generally perform up to eight procedures a day. They have little time to review files and patient histories before procedures, especially for surgeons that treat trauma patients in busy emergency rooms. Surgeons also often take shortcuts during and after the procedure to treat as many patients as possible and make as much money as possible.
Doctors have a fiduciary duty. They must set aside work-life balance, financial considerations, and all other priorities and only do what is best for their patients. The high standard of care makes it easier for a Mercer Island personal injury attorney to establish negligence, or a lack of care. If negligence causes injury, the victim is usually entitled to substantial compensatory damages, as well as punitive damages in some cases.
*Before*A few patients have long-term relationships with their surgeons. But these relationships are few and far between. Most people frequently relocate, which means they usually change doctors often. Additionally, most people choose a doctor off an insurance company list, and these lists typically change every year. Finally, many surgeons are specialists whom a general practice doctor connected with a particular patient.
In other words, many surgeons know little or nothing about the patients on whom they are operating. As mentioned, surgeons have a duty of care to learn not only the information in the file, but also some things about the patient from a personal standpoint, such as the patient’s needs and goals in a particular situation.
If students do not do their homework, they generally do badly on their tests. Likewise, when surgeons don’t take the time required to do things right during pre-surgery, the results often suffer.
*During*Unwillingness to take time to do things right also affects the surgery itself. A brief, pre-procedure huddle gets the entire surgical team on the same page and enables everyone to relax for a few moments and focus on the task ahead. But many doctors are simply too busy.
Likewise, a brief, post-procedure instrument check would eliminate RSI, or retained surgical instruments. Frequently, patients do not discover these mistakes for several months or even longer.
On a related note, instrument sterilization could cause injury as well. The team usually superheats instruments to sterilize them. Too hot, and they cause burns. Not hot enough, and bacteria survive on the instrument and enter the patient’s vulnerable body.
*After*Once patients enter recovery rooms, many surgical teams let down their guard ever so slightly. That slight letdown often causes serious injury.
Hospitals are basically breeding grounds for bacteria. Infections, like sepsis, set in quickly and get much worse quickly. A slightly delayed reaction could literally be fatal.
Once again, on a related note, a defective product could cause a hospital infection. To keep surgical teams on their toes, most hospitals are cold. So, a warm blanket feels good to most patients. These blankets often use air pumps that suck dirty air from near the floor and superheat it. Once again, bacteria go directly to an open wound or another vulnerable part of a patient’s body.
*Work With a Diligent King County Attorney*Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury attorney in Mercer Island, contact Pivotal Law Group, PLLC. We have several offices in Washington State.
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