The Seattle Personal Injury Blog
Posted Friday, November 11, 2022 by
Chris Thayer
Over the years, cars and trucks have advanced by leaps and bounds, especially in terms of safety. However, today’s motorcycles are not much different from the one Lawrence of Arabia rode when he died in a 1935 motorcycle accident. Additionally, even more than a century later, the facts surrounding Thomas Lawrence’s motorcycle wreck are still unclear. This uncertainty underscores the conflicting fact issues that affect many motorcycle crash claims in Washington.
Regardless of vehicle engineering, witness statements, or anything else, a Kent personal injury lawyer is committed to maximum compensation for motorcycle accident victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme situations.
*What Causes Motorcycle Wrecks?* Driver error causes about 98% of motorcycle wrecks and other vehicle collisions in Washington. Normally, this driver error is:
- Operator Impairment: These wrecks basically happen when an impaired tortfeasor (negligent driver) gets behind the wheel. Alcohol and substance abuse, mostly marijuana, are the leading causes of driver impairment. Others include fatigue, distraction, or a medical condition. The first two impair judgment and/or reaction time. A medical condition could cause a sudden and unexpected loss of consciousness.
- Aggressive Driving: Speeding, which increases the risk of a wreck and the force in a motorcycle collision, is the most common kind of aggressive driving. Velocity reduces reaction time and multiplies the force in a collision between two objects. Other kinds of aggressive driving include changing lanes unsafely, ignoring a traffic control device, and tailgating.
A defective product, like a defective tire, causes most of the other 2% of the motorcycle wrecks in the United States.
*Establishing Liability* Generally, manufacturers are strictly liable for the injuries their defective products cause. This defect could be a design or manufacturing defect.
In driver error claims, a Kent personal injury attorney must establish negligence, ro a lack of care, by a preponderance of the evidence, or more likely than not.
Usually, the lack of care is a lack of ordinary care. Under Washington law, motorists have a duty of reasonable care. They must be at their best, mentally, physically, and otherwise, when they start their cars. Additionally, as they drive, they must avoid accidents whenever possible, not drive in such a way that increases the risk of a wreck.
The negligence per se doctrine, which is a lack of statutory care, applies in a few cases. If a tortfeasor violates a safety law and that violation substantially causes injury, the tortfeasor could be responsible for damages as a matter of law.
In both cases, a third party, like an employer or a commercial alcohol provider, could be financially responsible for the aforementioned damages.
*Possible Defenses* Comparative fault and the helmet defense are the two most common insurance company defenses in motorcycle crash claims.
Basically, comparative fault shifts blame for an accident from the tortfeasor to the victim. For example, an insurance company lawyer might admit the tortfeasor was intoxicated, and blame the wreck on the victim’s unsafe lane change. Washington law is quite complex in this area.
The helmet defense is even more complex. Washington is one of the few states with a universal helmet requirement. However, under R.C.W.A. § 46.61.688(6), that non-use may not be admissible in court, at least for the purposes of reducing or denying compensation.
*Reach Out to a Diligent King County Attorney* Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury attorney in Bellevue, contact Pivotal Law Group, PLLC. Attorneys can connect victims with doctors, even if they have no insurance or money.
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Posted Friday, November 4, 2022 by
Chris Thayer
When it comes to healthcare matters, doctors have considerable education, training, and experience. On the other hand, their patients have almost none of these things. Since patients depend entirely on doctors for most or all of their healthcare needs, doctors have a fiduciary duty. They must bring all their education, training, and experience to bear whenever they meet with a patient, especially when the doctor diagnoses a serious or chronic illness.
Unfortunately for their patients, many doctors take dangerous shortcuts as they diagnose illnesses. Some doctors do not order a full array of diagnostic tests. So, they do not issue an evidence-based diagnosis. Instead, they rely on their instincts. On a related note, some doctors over-delegate test result interpretation tasks to nurses or even patient care technicians. These professionals are not qualified to interpret tests.
Because of this high duty of care, and also because many doctors flagrantly disregard this responsibility, a Mercer Island personal injury lawyer is often able to obtain substantial compensation in medical misdiagnosis claims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are often available, as well.
*Head Injuries* Since 2007, head injury-related ER visits have increased more than 50%, to almost three million a year. About 90% of these victims are treated and released. Primarily, that is because of confusion over head injury symptoms and over the nature of these wounds.
Car wrecks are, by far, the leading cause of head injuries in the United States. Accident shock and initial head injury symptoms are almost identical. Therefore, many doctors immediately dismiss symptoms like neck soreness and general disorientation as temporary maladies that will soon pass. As a result, victims do not get the treatment they need until their injuries are much worse and much more difficult to treat.
Additionally, although science has proved otherwise, many doctors still believe head injuries are temporary conditions that soon pass. As far as they are concerned, rest and hydration are the only necessary treatments.
The higher duty of care applies in both areas. Doctors must thoroughly examine patients, even if these exams are more time-consuming. Additionally, the duty of care requires doctors to keep up with the latest advances in medical knowledge.
*Cancer* Head injuries, especially car crash-related head injuries, can happen to anyone at any time. The same thing is true for cancer. However, to many doctors, cancer is a genetic or lifestyle condition.
Family history is a key cancer predictive tool. However, family history is not always accurate. Toxic exposure cancer is a good example. Many people who work around dangerous chemicals, including Roundup, develop cancer, even though they have no family history of this disease.
Lifestyle is very similar. Many doctors believe that only women get breast cancer, only heavy drinkers get liver cancer, only smokers get lung cancer, and so on. While these things are generally true, they are certainly not always true.
Cancer survival rates have almost shot up since the 1990s. Nevertheless, a delayed diagnosis still causes the survival rate to plummet. As most of us know, it is much harder to win a game if you must play from behind.
*Count on a Hard-Working 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. Attorneys can connect victims with doctors, even if they do not have any money or insurance.
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Posted Friday, October 28, 2022 by
Chris Thayer
Way back in the 1980s, alcohol impairment or intoxication caused almost half of the fatal car crashes in America. So, politicians in Washington and elsewhere promised to “get tough” on “drunk drivers.” The new tough policies included stronger laws and stronger law enforcement tools. Despite all this effort, alcohol abuse still causes almost half of the fatal car crashes in Washington.
When politicians fail to protect people, an Issaquah personal injury lawyer stands in the gap. Attorneys hold tortfeasors (negligent drivers) responsible for the wrecks they cause. More importantly, an attorney obtains the compensation these victims need and deserve. At best, limited compensation is available through the criminal law process. The compensation in a civil claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
*First Party Liability* We mentioned alcohol impairment and intoxication above. These two I-words are very different. Either I-word is sufficient to establish liability for damages.
Alcohol is a depressant and a muscle relaxant that impairs judgment ability and slows motor skills and reaction time. These impairing effects begin with the first sip of alcohol. Evidence of impairment includes:
- Erratic driving before the wreck,
- The odor of alcohol, slurred speech, and other physical symptoms,
- Tortfeasor’s statements about alcohol use, such as the infamous “I only had a couple of beers,” and
- Previous schedule of the tortfeasor.
If the tortfeasor was recently at a party where alcohol was available, or at a restaurant that served alcohol, it is more likely than not that the tortfeasor had something to drink. More likely than not (a preponderance of the evidence) is the burden of proof in a civil claim.
An Issaquah personal injury attorney could use the negligence per se rule to establish liability if an emergency responder cited the tortfeasor for DUI or a similar infraction. Generally, people who violate penal safety laws and cause crashes are responsible for them as a matter of law. Negligence per se usually still applies regardless of the criminal court outcome. So, even if the tortfeasor “beats” the DUI in criminal court, s/he is most likely still on the hook for the aforementioned damages.
*Third-Party Liability* Fundamentally, civil claims force people to accept responsibility for the mistakes they make. Sometimes, this mistake and this responsibility happen before the tortfeasor gets behind the wheel.
In Washington, it is illegal for bars, restaurants, and other commercial providers to sell alcohol to obviously intoxicated people. Evidence of intoxication at the point of sale usually includes bloodshot eyes, unsteady balance, and the other aforementioned physical symptoms.
It is also illegal to sell alcohol to minors. Some once-common defenses, like they looked older, usually do not hold up in court in King County.
Speaking of alcohol and minors, it is also illegal for party hosts to provide alcohol to minors. So, if a host lets a minor consume alcohol, and that minor subsequently causes a car crash, the party host could be financially responsible for damages. If the impaired or intoxicated guest was an adult, another legal theory, like negligent undertaking, might be available.
*Connect 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 do not charge upfront legal fees in these matters.
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Posted Friday, October 21, 2022 by
Chris Thayer
Negligence causes most falls, especially serious injury falls. At nursing homes in Bellevue, understaffing, which affects about 94% of these facilities, often causes such negligence. Understaffed facilities often do not have staff members in common areas to assist residents as they walk around or, more importantly, as they get up and sit down. Additionally, understaffed facilities do not have staff members to redirect residents away from construction areas and other hazardous areas.
Many older adults have pre-existing conditions which contribute to the risk of a fall or the injuries the victim sustains. We mentioned getting up and sitting down above. Frequently, these everyday movements cause older adults to break their hips, usually because the victim’s center of gravity is off. Additionally, many older adults have gait disorders. Since they shuffle their feet when they walk, when these individuals stumble, they cannot regain their balance, and they fall.
A fall causes severe physical and emotional injuries. In fact, these injuries are so severe that most nursing home fall victims cannot ever live independently again. A Bellevue personal injury lawyer obtains the financial compensation these victims need to make the most out of the rest of their lives. Maximum compensation is a process and not a result. An attorney stands with you throughout the process, no matter how long it takes.
*Legal Responsibility* Most people are familiar with the duty of care. For example, motorists have a legal responsibility to drive defensively and, if possible, avoid accidents. Property owners have a similar responsibility if the victim was an invitee.
Basically, an invitee is anyone with permission to be on the property. Furthermore, an invitee must benefit the owner in some way. Nursing home residents are invitees, specifically commercial invitees, in Washington. Nursing home visitors are arguably invitees as well. Visitors lift residents’ spirits, and that benefits nursing home owners.
To fulfill the duty of reasonable care, owners must create safe environments for invitees. Furthermore, owners must inspect the property, to ensure that it remains safe.
A lesser duty of care applies if the victim was a trespasser (no permission and no benefit) or a licensee (permission but no benefit).
*Practical Responsibility* Additionally, a Bellevue personal injury lawyer must prove the owner knew or should have known about the fall-causing hazard, and that owner negligence, or a lack of care, caused the injury.
Wet spots on floors, uneven indoor walkways, loose handrails, and icy outdoor walkways are the most common fall hazards in Washington nursing homes. Direct evidence of actual knowledge of these hazards includes restroom cleaning reports and safety inspection reports. Circumstantial evidence of constructive knowledge (should have known) usually goes back to the reasonableness standard. If the owner had a reasonable opportunity to address the hazard, the owner should have done so.
Before 2022, the open-and-obvious doctrine was the most effective insurance company defense in fall injury cases. Basically, if the victim did not watch where s/he was going, the owner was not responsible for a fall injury. However, a Washington Court of Appeals decision essentially gutted this defense and made it much less effective. So, it is easier to prove negligence and obtain compensation.
This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
*Rely on a Hard-Working King County Attorney* Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury attorney in Bellevue, contact Pivotal Law Group, PLLC. Virtual, home, and hospital visits are available.
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Posted Friday, October 14, 2022 by
Chris Thayer
In most cases, it does not matter who was at fault for a motorcycle accident. There is a difference between fault, which is a preliminary determination, and liability, which is a final determination, just like there is a difference between a halftime score and a final score. An investigator, often an insurance adjuster, determines fault based solely on the evidence immediately available at the scene. A jury determines liability, or legal responsibility for damages, based not only on all evidence but also on applicable legal theories.
Frequently, often because of aggressive driving or driver impairment, four-wheel vehicle operators do not see cyclists in a sea of pickups, SUVs, and other large vehicles. If the other driver was legally responsible for damages, which is usually the case, a Kent personal injury attorney can obtain substantial compensation for victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
*First Party Liability* Driver error causes over 98% of motorcycle wrecks in Washington. Defective products, such as defective brakes or tires, cause most of the other 2%. Generally, this driver error is:
- Aggressive Driving: Speed is the most common, and most dangerous, form of aggressive driving. Speed increases the risk of a collision. It gives less time to react to situations like an unseen motorcycle rider. Speed also multiplies the force in a collision. Other kinds of aggressive driving include tailgating, running a red light, and changing lanes unsafely.
- Impaired Driving: Almost half of the at-fault motorists test positive for alcohol and/or drugs. These substances cloud personal judgment, such as the distance between their vehicles and motorcycles, and impair motor skills. Other kinds of impairment include excessive fatigue, a moderate or serious medical condition, and driver distraction. The duty of care requires motorists to be at their best, physically, mentally, and otherwise, when they get behind the wheel.
Sometimes, the motorcycle rider and vehicle operator are partially at fault for a crash. Washington is a pure comparative fault state. If a tortfeasor (negligent driver) is only 1% responsible for a wreck, a Kent personal injury lawyer can still obtain a proportionate share of compensation.
Other car crash defenses include sudden emergency and last clear chance. Comparative fault usually shifts some of the blame. These defenses, if they apply, shift all of the blame.
*Third-Party Liability* Individuals are liable (legally responsible) for wrecks. Frequently, third parties are financially responsible for compensation.
Respondeat superior employer liability is a good example. This theory usually applies in taxi driver, Uber driver, and other commercial operator collisions. Employers are responsible for damages if their employees were negligent during the course and scope of their employment.
Washington law defines key terms, like “employee,” in broad, victim-friendly ways. For example, Uber drivers are normally independent contractors for most purposes. However, these drivers are usually employees for negligence purposes.
Other vicarious liability theories in motorcycle wrecks include negligent entrustment owner liability and dram shop alcohol provider liability.
*Reach Out to a Thorough 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. Virtual, home, and hospital visits are available.
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