Washington Personal Injury Blog - All Topics

Another Hit and Run Collision Highlights Importance of UIM Coverage

Michael Myers — Wed, 25 Nov 2009 09:22:24 GMT

Unfortunately we've had a spate of hit and run collisions in the Seattle area. This time it involved a worker just doing his job. The Seattle PI reported:

A maintenance worker was the victim of a hit-and-run in Bellevue's Hidden Valley Park area on Wednesday afternoon. Bellevue police said the victimwas blowing leaves when a car hit him and sent him flying roughly 25 feet.

Even if you don't have UIM coverage, your employer may. In this case the worker was near his work truck. It's possible that--based on his proximity to the truck--his employer's UIM coverage will apply and provide a source of compensation for his damages.

Originally posted at InjuryBoard by Michael Myers

More Hit and Run Collisions...This Time Bike Versus Pedestrian

Michael Myers — Wed, 25 Nov 2009 08:59:11 GMT

One of the attorneys in our office rides his bike to work every day. He doesn't own a car. He has some pretty strong opinions about Seattle drives (especially bus drivers).

But drivers aren't the only ones charged with obeying the traffic laws. Bicyclists have to follow them too.

King-5 News recently reported about a six year-old Seattle boy is home who may require reconstructive surgery after being struck by a hit and run bicyclist.

Noni Echo-Hawk-Lopez is a reserved boy to begin with, his parents said, but now he's not even allowed to talk because of a fractured and swollen jaw.

Doctors at Harborview Medical Center "had to completely wire his jaw shut," said his mother, Abigail Echo-Hawk.

Fortunately in this case the bicyclist was detained by witnesses before he could get away.

I'm unaware of any insurance companies that sell liability policies for bicyclists (the same way liability policies are sold for motor vehicles). But there are two valuable sources of insurance coverage if you're injured by a bicyclist: renters and homeowners insurance. Both cover negligent acts by an insured and it may well be that the rider who injured Noni lives in a home, condo or apartment where there is coverage.

Originally posted at InjuryBoard by Michael Myers

Kearney Case Catalyzes Public Outrage About Hit and Run Collisions

Michael Myers — Wed, 25 Nov 2009 08:45:23 GMT

Hit and run collisions seem to increase this time of year. It gets dark earlier and the rain makes it difficult to see pedestrians. It makes sense that the number of accidents increases. But weather and visibility don't explain or justify drivers leaving the scene after hitting a pedestrian, bicyclist or vehicle.

A recent case illustrates the point. KOMO News reported:

Jeff Kearney was hit while walking across a crosswalk on 16th Avenue Southwest in White Center. The vehicle hit Kearney so hard that its side mirror sheered off. But police say the driver slowed for just a moment before speeding off.

Two points.

First, I think that hit and run collisions increase this time of year because (a) people drink more around the holidays and (b) the same factors which increase collisions due to decreased visibility also provide an opportunity for drivers to leave the scene of a collision undetected.

Second, UM/UIM (Uninsured Motorist/Under Insured Motorist) insurance covers hit and run collisions. Even collisions with pedestrians. Buy as much UM/UIM coverage as you can afford. It's not expensive and provides excellent coverage in case a drunk driver runs from the scene of a collision.

Originally posted at InjuryBoard by Michael Myers

Kitsap Naval Base Injury Highlights Safety Issues

Michael Myers — Wed, 25 Nov 2009 08:27:59 GMT

Almost all construction site injuries are preventable. The Washington Department of Labor and Industries has promulgated an extensive and detailed set of rules regarding construction site safety. Contractors who follow these rules have few if any injured workers. Those who don't have significantly more on the job injuries.

KOMO News reported this morning that:

[A] 24-year-old contractor for Tutor-Saliba was working with a team moving concrete pylons when she somehow got trapped by one of them, injuring her legs, said a shipyard spokesperson.

The general contractor on a construction site is responsible for making sure that its workers are safe and that the workers of its subcontractors are safe. While the workers compensation statute limits claims that workers can bring directly against their employers, employees of subcontractors have the right to sue general contractors for failing to follow safety guidelines and provide a safe workplace.

There are numerous regulations in the Washington Administrative Code designed to prevent crush injuries. It is unclear whether they were followed at the Kitsap Naval Base.

Originally posted at InjuryBoard by Michael Myers

Animal attacks

Don Jacobs — Thu, 19 Nov 2009 12:14:00 GMT

Who out there isn’t a dog lover? America seems to have a love affair with pets. Pet food and supply stores have become national chains occupying huge warehouse stores set up to supply us with every need or whim for our pets. The latest phenomenon is the doggie day care facility where you take your pet to spend the day with other dogs while you go off to work. Heck, mine even has a web cam so you can check on your dog’s activities during the day. We truly are a nation obsessed with our pets. So what happens when one of our pets attacks someone? Animal bites can result in very serious injuries. Every year hundreds of people in Oregon and Washington visit emergency rooms because of attacks by dogs. Are we automatically responsible when this happens? What if the dog has never bitten anyone in the past and has always had the sweetest temperament? Washington State has enacted a strict liability law for dog attacks. It used to be that the owner wasn’t responsible unless they had knowledge of the dog’s dangerous propensities. Long referred to as the “first bite rule”, a dog owner wasn’t on the hook until there was a record of the dog biting someone in the past. In order to recover damages from the owner you had to prove they were negligent in allowing the dog to interact with people, given his history of biting someone in the past. This is no longer the case. Now an animal owner is strictly liable for his dog’s behavior. No matter how sweet the dog has been the past. As long as the person who was bitten was legally entitled to be where he or she was, and they didn’t do anything to torment or provoke the dog, the owner is strictly liable for the attack. You no longer have to prove any negligence on behalf of the owner. You are entitled to recover damages for the bite. This usually takes the form of medical bills, wage loss and an amount for what you went through, to include a reasonable figure for any permanent scarring left from the bite. When these claims are made, they typically are paid for by the dog owner’s homeowners or renters insurance. Claims resulting from animal attacks, like auto accidents, usually have to be brought with a certain time after the attack. If you miss the deadline, you can lose all right to recover damages.

Originally posted at InjuryBoard by Don Jacobs

Texting while driving

Don Jacobs — Tue, 17 Nov 2009 11:39:16 GMT

Be honest. How many of you have sent a text message while driving? If not, have you ever checked your Blackberry or your I-Phone while sitting in traffic to check the stock market? Or check on the weather report? Or read your emails? How many of us have phones with GPS applications? You do have to type in the address to find the best route. How often do we pull over and stop to do this? The answers to the above would probably alarm all of us. Yet most of us consider ourselves safe drivers. It all comes down to the problem of distracted driving. Taking your eyes off the road for only a moment to check your cell phone can mean you travel quite a distance down the highway without watching where you’re going. And the greatest proportion of distracted drivers appears to be in the 20 and under age group. A recent report from AAA discussed how dangerous it is to text and drive. In a survey sent out by the association, one out of five drivers had read or sent a text message while behind the wheel. Nearly all of those who answered the survey considered it unsafe, even though 20% of the respondents admitted to having sent a text while driving within a month of being surveyed. Ford Motor Company recently commissioned a survey of 1,000 licensed drivers. The survey results showed that 93% of the people responding supported a nationwide law prohibiting texting while driving. According to the Institute for Highway Safety, eighteen states, including Washington and Oregon have now enacted bans on hand held cell phone use while driving. Now the National Safety Council has called for a total nationwide ban on cell phone use while driving. Texting has grown enormously in the last four years. Ten billion text messages a month were reported sent in December of 2005. In December of 2008, the number increased to more than one hundred and ten billion. It’s well past the time that driving while texting should be banned in all states.

Originally posted at InjuryBoard by Don Jacobs

Woman Injured In Hit-and-Run; State Patrol Seeks Info

Chrissie Cole — Tue, 27 Oct 2009 10:25:00 GMT

A Kent woman, 22, was seriously injured in a hit-and-run accident and now State Patrol is look for people that may have witnessed the accident.

Officers responded to a car vs. pedestrian report at 5:00 a.m. on Highway 515. When they arrived, the victim was found in the middle of the northbound lanes. They believe she was crossing the five-lane highway when she was struck, possibly several times, State Patrol said.

She suffered serious injuries and was taken to Harborview Medical Center in Seattle.

Detectives are asking any witnesses who have knowledge of the incident or who may have hit some debris near the 22400 block of Highway 515 around 5 a.m. to call Detective Stacy Moate at 425-401-7746.

Originally posted at InjuryBoard by Chrissie Cole

The Imbalance of Balance Billing

Don Jacobs — Fri, 16 Oct 2009 12:37:52 GMT

A hallmark of fiscal responsibility is paying your bills in full and on time. The last thing you want, especially after an accident, is the added stress of a poor credit score or an outstanding bill. However, post-accident bills don't always work like your regular monthly bills, mostly due to the involvement of insurance companies. In the case of medical bills, in many cases, the industry dictates the amount your treatment is worth and pays that amount. Contracts often exist between hospitals, doctors and insurance companies. These contracts usually limit what a provider can charge for a particular service. They also generally prohibit the provider from trying the collect the balance or “balance bill” the patient. The contracts work a benefit to both the provider and the insurance company. The provider gets access to patients who have the coverage. They also get assurance their bills will be paid promptly and without having to resort to collection efforts. The insurance company benefits by being able to hold down costs and make more of a profit off the money coming in from the people covered by the insurance. Providers who are on contract with a particular insurance company are often referred to as “in network providers”. Typically an insurance company will provide a list of providers in your area who have contracted with the insurance company. If you go to an “out of network” provider you may end up having to pay the portion of the bill not covered by the insurance. Sometimes providers, even if they are “in network”, try to bill a patient for the balance of the bill not paid by the insurance coverage. This happens more often in auto accidents. Providers know a settlement is coming at some point and refuse to bill the medical insurance covering the patient. They do this because they know they may be able to collect the full amount of the bill when the case settles, avoiding any insurance company write of. This is becoming more and more of a problem on auto accident cases and other cases involving an insurance settlement. An attorney experienced in this area of law will usually inquire as to whether the provider has a contract with the insurance company. Attorneys know checking to see if the health care provider is prohibited from balance billing can save the consumer money. If you are not represented by an attorney, call your insurance company if you receive a balance bill. Ask if the provider is obligated to accept the insurance as payment in full. Some states have enacted legislation to deal with this problem. Washington has law that forbids a provider from billing a patient if they’ve signed a contract agreeing to accept what the insurance pays. California also passed recent legislation forbidding balance billing.

Originally posted at InjuryBoard by Don Jacobs

Children's Toys, Purses And Pen Cases Recalled

Chrissie Cole — Fri, 09 Oct 2009 11:10:00 GMT

Daiso California, in conjunction with the CPSC, announced a voluntary recall of Children’s Toys, Purses and Pen Cases due to excessive levels of lead, which violate the federal lead paint ban.

One of the toys, an inflatable baseball bat, contains excessive levels of DEHP, a federal phthalate violation.

To this date, there have been no reports of incidents or injuries associated with the recalled items.

The recall involves: balancing toys in the shape of dragonflies, children’s purses in the shape of the head of a lion, frog or bear, children’s purses with rainbow stripes, children’s pen cases shaped like a piece of candy with stitching “cool ice cream,” “sweet cake,” or “fad hamburger” on the front, and inflatable baseball bats with “Home Run” printed on the side.

Consumers should take the recalled items from children immediately and contact Daiso for a full refund or free replacement.

Call Daiso toll-free at (888) 580-8841 or visit www.daisorecall.com.

Originally posted at InjuryBoard by Chrissie Cole

Toyota recalls 4 million cars

Don Jacobs — Wed, 07 Oct 2009 11:52:52 GMT

Toyota just issued a warning to consumers about a defective floor mat that can force down the accelerator pedal on many of their popular models. The mats have already been cited as the cause of four deaths in September of 2009 when an off duty California state trooper and three family members were involved in a fatal collision in the San Diego area while driving a 2009 Lexus ES350. A 911 tape from just before the crash recorded one of the passengers in the vehicle as saying the accelerator was stuck and the car was reaching 120 miles per hour. Investigators from Toyota have concluded the driver side floor mats can become loose and cause an accelerator pedal to become stuck. When this occurs, the car rapidly accelerates and attempts to brake or shut off the ignition often can’t be done quickly enough to prevent a dangerous situation. Toyota has now issued a recall for select models. The recall includes the popular Prius hybrid. Other models involved include the Camry and the Avalon, as well the popular Tundra and Tacoma pickup trucks. Models recalled from the Lexus line are the IS250, IS350 and ES350 sedans. A U.S. government agency recently reported it has received over 100 reports of problems caused by the defective floor mats. Of those, 17 involved vehicle crashes and five of those involved fatalities. The company and U.S. safety regulators have now issued warnings to consumers to immediately remove all driver-side floor mats from eight Toyota and Lexus models manufactured in the last six years. Details as to specific models affected can be found at Toyota’s website, http://www.toyota.com or by calling Toyota at 1-800-331-4331 or Lexus at 1-800-255-3987.

Originally posted at InjuryBoard by Don Jacobs