Seattle Personal Injury Attorney Chris Thayer
Seattle Personal Injury Attorney Chris Thayer
Handling Personal Injury Claims in the Seattle Area and Throughout Washington Since 1995

My name is Chris Thayer and I am a personal injury attorney practicing in downtown Seattle. I handle personal injury, medical malpractice and wrongful death claims throughout the greater Seattle area, including Issaquah, Mercer Island and Kirkland.

I am here to help you.

Call for a free consultation (206) 340-2008

The Seattle Personal Injury Blog

Lawsuits Likely After Amtrak Derailment

Posted Friday, December 22, 2017 by Chris Thayer

At least three people died and dozens were injured when an Amtrak train fell off an Interstate-5 overpass near DuPont on December 18.

It was the first day of public service on the new Point Defiance bypass. The Portland-bound train rounded a curve going 80 miles per hour, almost three times faster than the 30-mile-per-hour limit. It careened off the rails and fell onto the interstate where motorists were navigating the morning rush hour.

The National Transportation Safety Board, a federal agency that determines why public transportation accidents happen and issues safety recommendations to prevent future accidents, is still investigating the derailment, but preliminary reports concluded that the driver was not using his cellphone before the crash.

The bypass was designed to cut journey times between Seattle and Portland, allowing passenger trains to travel on a route that avoided the congested and curvy track along Puget Sound. While trains can travel up to 79 mph on the bypass, the rain was traveling 80 in a 30-mph zone when it derailed, according to the NTSB.

*Witnesses Describe Horrifying Scenes*Motorists and witnesses described horrific scenes - vehicles pinned under the train, bodies lying everywhere, a train car dangling from the overpass.

One motorist told a 911 dispatcher that she narrowly avoided the derailment but was hit by “a huge cloud of mud and dirt” that spun her car around. At first she thought it was a mudslide.

A passenger told CBS News that it “seemed like we were reaching sort of a bend in the tracks and all of a sudden we were slammed into the seats in front of us. Then the car careened down an embankment and came to a stop. After that happened we could hear and feel the cars crumpling and breaking apart.”

Lawsuits on the Horizon

No lawsuits have been filed against Amtrak yet, but they are likely coming.

A 26-year-old survivor who suffered four fractures in his back and a brain injury is considering a lawsuit against Amtrak. His parents spent hours trying to find out what happened to their son and says that Amtrak never even called them back. They want compensation for their son but they also want to hold Amtrak accountable and to prevent future derailments.

There are many arguments that victims could make in a personal injury lawsuit. The most obvious example is the alleged negligence and recklessness of the driver in going 80 miles per hour around a curve. The mayor of Lakewood, which is about 11 miles northeast of where the crash occurred, said that the tragedy “could’ve been avoided if better choices had been made” about using the bypass for passenger service.

Time will tell how future lawsuits play out, but it is highly likely that Amtrak will ultimately compensate the victims and their families.

Contact Us Today

Contact one of our personal injury attorneys today for a free consultation if you were injured in the Amtrak derailment or any public transit accident. Our experienced attorneys will help recover the compensation that you deserve, including medical expenses and pain and suffering.

Alleged Child Abuse and Neglect at State Facility Results in Settlement Agreement

Posted Friday, December 15, 2017 by Chris Thayer

The Kiwanis Vocational Home served as a state-licensed group home for wards of the state for 25 years. The home, which was located in Centralia, closed in 1994. Former residents have accused the state and the Kiwanis of allowing the foster home to remain open despite allegations of physical and sexual abuse by staff and other residents.

There have been 13 claims filed against the state regarding the Kiwanis home. The Washington Department of Social and Health Services recently settled the first of these lawsuits, in which three plaintiffs alleged negligence, physical abuse and sexual assault. The department agreed to pay $1.5 million, equally divided among the three plaintiffs. But the settlement involves in admission of liability.

One of the plaintiffs says that he was sexually abused at the facility, and that his life spiraled out of control after leaving the home. He is currently incarcerated.

A Lewis County newspaper previously found 40 instances between 1986 and 1994 in which residents reported sexual or physical abuse to DSHS and no police report was filed.

Child Abuse and Neglect

Washington law defines abuse and neglect as “sexual abuse, sexual exploitation, or injury of a child by any person under circumstances which cause harm to the child’s health, welfare or safety” or “the negligent treatment or maltreatment of a child by a person responsible for or providing care to the child.” The responsible person could be a parent or a legal guardian (such as the Kiwanis home).

DSHS lists several signs that might indicate a child has been abused or neglected, including:

  • Sudden changes in behavior or school performance,
  • Physical or medical problems that have not received medical treatment but have been brought to the parents’ attention,
  • Coming to school early or leaving late and not wanting to go home, and
  • Acting passive or withdrawn.

The caretaker might also exhibit certain signs that he or she has committed child abuse or neglect, including:

  • Not showing much concern for the child,
  • Blaming the child for problems in the school or at home or denying that there are any problems,
  • Asking the school to use physical discipline on the child, and
  • Considering the child worthless or burdensome.

Moreover, if the caretaker and child rarely touch or look at each other, that could be a sign that something is wrong.

Children who are abused or neglected may be entitled to compensation for their injuries, both physical and emotional. All caretakers, including state-run facilities, owe a certain duty of care to the children in their care.

DSHS is responsible for investigating claims of child abuse and neglect. When the department fails to perform these duties, it opens itself up to personal injury claims like those filed by the former Kiwanis residents.

Contact Us Today

Contact one of our personal injury attorneys today for a free consultation if you or a loved one have experienced any kind of negligence or abuse in the foster system or another state-sponsored setting. Our experienced attorneys will help recover the compensation that you deserve, including medical expenses and pain and suffering.

Federal Safety Rules for Interstate Bus and Truck Drivers

Posted Friday, December 8, 2017 by Chris Thayer

In June 2017, a 25-year-old man left Seattle on an overnight Greyhound bus bound for California. The bus made a brief stop in Central Point, Oregon, and began to depart before one passenger made it back onboard. Hunter Brown ran alongside the bus and pounded its side, but then he tripped right in the bus’s path. The bus struck him, and he died.

Now Brown’s family is suing Greyhound Lines, claiming that the bus company violated federal safety rules and accusing it of gross negligence. They filed the lawsuit in Texas, where Greyhound hoses its principal place of business. Specifically, Brown’s parents claim that the bus driver had been driving longer than allowed under federal law. They have not yet asked for specific monetary damages but seek “accountability of this corporation and a change in how it does business to protect our communities and so that other passengers do not have to endure what Hunter suffered.”

The lawsuit alleges that the Greyhound driver was “late, fatigued and hostile to the passengers he was supposed to keep safe.” The bus was an hour late leaving Seattle and, allegedly, the driver had already been driving for nine and a half hours.

What is Gross Negligence?

According to the Washington State Supreme Court Committee on Jury Instructions, gross negligence “is substantially greater than ordinary negligence.” It means “failure to exercise slight care.” The term has never been explicitly defined by state statute.

However, the Washington standard will not apply in the Brown family’s case since the lawsuit was filed in Texas.

Federal Safety Rules for Interstate Bus and Truck Drivers

The Federal Motor Carrier Safety Administration has established specific regulations regarding how many hours interstate bus and truck drivers carrying passengers can serve. The goal is to help drivers stay alert and awake and to keep fatigued drivers off the roads. A driver who does not follow these rules may be found negligent or grossly negligent.

Interstate bus and truck operators may only drive shifts up to 10 hours, but only if they rest at least eight hours between shifts. They are also not allowed to drive after they have been on duty for 60 hours in any consecutive seven-day period. The Brown family’s complaint only alleges that the Greyhound operator violated the 10-hour limit, not that he violated the rest period rules.

Companies that operate vehicles every day of the week may follow the 70-hour/eight-day schedule. Drivers are only permitted to operate their vehicles up to 70 hours in any consecutive eight-day period. After that they must rest from driving; they, like those following the 60-hour/seven-day schedule, are permitted to perform other work.

There are other rules that interstate bus and truck operators must follow. Any violations of federal (or state) safety rules may lead to injury and leave the operator and employer liable for personal injury damages.

Contact Us Today

Contact one of our personal injury attorneys today for a free consultation if you or a loved one have been injured or killed in a bus or trucking accident. Our experienced attorneys will help recover the compensation that you deserve.

Recent Salmonella Outbreak Caused by Pre-Cut Fruit

Posted Friday, December 1, 2017 by Chris Thayer

The Washington State Department of Health has linked pre-cut fruit like watermelon and cantaloupe to a recent salmonella outbreak, which has sickened at least 16 people in Washington and Oregon. (Five of the cases were in King County.) The affected fruit was sold at several grocery chains in both states, including Fred Meyer and Central Market, between October 25 and December 1.

The Department of Health is working with other government officials to determine where the fruit originated and where it was cut and packaged. This information is important for anyone interested in filing a personal injury lawsuit.

Foodborne illnesses like salmonella affect one in six Americans every year, according to the Department of Health. Symptoms include nausea, stomach cramps, bloody diarrhea, vomiting, and fever and usually appear within 12 to 72 hours after eating the contaminated food. While most people recover without medical treatment, babies, the elderly, pregnant women, and people who suffer from chronic illness can become seriously ill.

Other common causes of food poisoning include:

  • Norovirus is a highly contagious virus that causes inflammation of the stomach, intestines or both, according to the U.S. Centers for Disease Control and Prevention. Common symptoms are vomiting, stomach pain, nausea, and diarrhea. Any symptoms usually appear 12 to 48 hours after exposure to norovirus. It often spreads quickly in places like schools and nursing homes.
  • E. coli is a bacteria that lives in the intestines of humans and animals. This bacteria is normally an important part of a healthy intestinal tract, but some can cause illness, according to the CDC. Symptoms vary based on the person but may include bloody diarrhea, severe stomach cramps and vomiting. You could develop symptoms anywhere from one to 10 days after exposure to the pathogenic bacteria.
  • Vibriosis, which is caused by the vibrio bacteria and can be found in raw or undercooked shellfish like oysters, according to the CDC. While most people sickened by vibriosis recover after a few days and suffer no lasting effects, more serious infections may require intensive care. Symptoms include watery diarrhea, abdominal cramping, vomiting, fever, and chills.

Can I Bring a Food Poisoning Personal Injury Lawsuit?

If you become sick from eating contaminated food, you might have a cause of action against the restaurant, food preparer, and other potentially responsible parties.

A food or beverage contamination case is essentially a products liability claim. Washington food manufacturers are held to a standard of strict liability, which means that proof of negligence is not required for an injured party to recover damages. If the food or beverage product is unsafe and makes the consumer sick, then the manufacturer will be held strictly liable. Note that restaurants may be considered “manufacturers” under the state’s products liability law.

Contact Us Today

Contact one of our personal injury attorneys today for a free consultation if you have become sick from eating contaminated food prepared by a restaurant, caterer, or other professional. Our experienced attorneys can help you receive the compensation that you deserve, including medical expenses.

Liability for Skiing Injuries in Washington

Posted Friday, November 24, 2017 by Chris Thayer

Winter is right around the corner, which means it is winter sports season here in the Pacific Northwest. Skiing is a popular winter activity, but it can also be dangerous. Every time you strap on a pair of skis, you risk getting into an accident. According to the National Ski Areas Association, skiers and snowboarders suffer an average of 49 catastrophic injuries per year. Injuries considered catastrophic include paralysis, broken neck and back, and severe head injuries. That number does not include the tens of thousands of less severe skiing injuries that occur every year, including:

  • Broken bones,
  • Knee injuries (like tearing your ACL muscle), and
  • Other torn, pulled or strained muscles.

Injury is not the only danger you face on the slopes.

If you have ever been skiing in Washington, then you know that you have to sign a waiver acknowledging both the risks involved and the inability to sue the resort or ski personnel for damages. That could make it difficult for you to receive compensation for your injuries and could also make you liable for someone else’s.

However, there are some exceptions where you can sue.

Skiers Generally Responsible for Their Own Safety

Washington law makes skiers responsible for their own safety and for the safety of others. This means that skiers should understand the inherent risks involved and exercise reasonable care. Keep a safe distance from other skiers; do not go too fast; get out of the way and do not linger once you get off the chairlift. There are common sense steps like these that skiers can take to prevent accidents. If they do not, then they can be held liable for causing accidents.

If another skier crashes into and injures you, and you can prove that he or she was skiing recklessly, then you have a viable negligence claim and can file a personal injury lawsuit.

Skier recklessness is not the only cause of skiing accidents. Sometimes ski equipment malfunctions or ski personnel acts negligently. In those instances you could potentially sue the resort or personnel for damages. (Note that chairlifts are generally a safe mode of transportation and there has not been a fatality caused by a malfunctioning chairlift in 25 years.)

Ski Area Requirements

Washington law lists several requirements that ski resorts must meet. Failure to comply could result in accidents and liability for any resulting damages. These requirements include:

  • Maintaining adequate signs indicating skier instructions, resort operations, potential hazards and anything else the public should be aware of.
  • Clearly marking snow-making machines or other such equipment.
  • Identifying vehicles that are driving near a ski run with either a flashing yellow light or a red flag, depending on the type of vehicle.
  • Clearly classifying ski level ability for lift and trail users.

Contact Us Today

Contact one of our personal injury attorneys today for a free consultation if you have been injured in a skiing accident. Our experienced attorneys will examine the facts of your case and help you determine whether you have a viable negligence claim. We will help you recover the compensation that you deserve.