Olympia Personal Injury Lawyer - Motor Vehicle Accidents

Passenger Injured Near Spanaway, Driver Dies--Accident Illustrates Important Intersection between Probate and Personal Injury Law

Ryan Nute — Thu, 31 Jan 2008 11:38:47 GMT

Sometimes people who cause accidents walk away unscathed. But other times they don't. This happened on Tuesday on State Route 507.

On Tuesday night a man from Roy, Washington, was killed in a car accident on State Route 507 near Spanaway. At approximately 9:30 p.m. the driver, 39, was driving southbound on State Route 507 when he lost control of his vehicle, veered off the road and into a power pole. His passenger, 35, was transported to Good Samaritan Hospital with injuries. The cause of the accident is under investigation.

When a person dies they leave behind an "estate"--a legal characterization for the deceased's assets and liabilities. In order to make a claim against a person who committed a negligent act and subsequently dies, it's necessary to ensure that a claim is presented to the Estate's representative (often a relative or friend of the deceased). It's not uncommon for people to die without executing wills or other estate plans. In that case, the injured person (with the assistance of an attorney) should open a "probate" proceeding to pursue their claim.

Originally posted at InjuryBoard by Ryan Nute

Nine Injured in Roy Car Accident

Ryan Nute — Thu, 03 Jan 2008 11:28:43 GMT

Around 1 a.m. on December 30, 2007 an SUV was traveling down Highway 507 in Roy, Washington, when it crossed into oncoming traffic, causing a three car collision. The driver of the SUV and its four passengers were transported to the hospital from the scene of the accident. Two people in each of the other involved cars were also taken to the hospital. Police believe that alcohol or drugs may have been a factor in the crash.

In any case where intoxication is suspected it's important to obtain medical evidence that an at-fault driver was in fact intoxicated. In some cases it will be important to determine whether a passenger was intoxicated, based on the following Washington statute:

RCW 5.40.060
Defense to personal injury or wrongful death action -- Intoxicating liquor or any drug.

(1) Except as provided in subsection (2) of this section, it is a complete defense to an action for damages for personal injury or wrongful death that the person injured or killed was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and that such condition was a proximate cause of the injury or death and the trier of fact finds such person to have been more than fifty percent at fault. The standard for determining whether a person was under the influence of intoxicating liquor or drugs shall be the same standard established for criminal convictions under RCW 46.61.502, and evidence that a person was under the influence of intoxicating liquor or drugs under the standard established by RCW 46.61.502 shall be conclusive proof that such person was under the influence of intoxicating liquor or drugs.

(2) In an action for damages for personal injury or wrongful death that is brought against the driver of a motor vehicle who was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and whose condition was a proximate cause of the injury or death, subsection (1) of this section does not create a defense against the action notwithstanding that the person injured or killed was also under the influence so long as such person's condition was not a proximate cause of the occurrence causing the injury or death.

In the past intoxicated drivers who were sued often defended the case on the basis that their passengers were also intoxicated. That defense is still powerful because it bars a claim where (1) a passenger is intoxicated; (2) his or her intoxication was a "proximate cause" of the occurrence (usually, the accident) and (3) the passenger is more than fifty percent at fault for his or her injuries.

Even if the claim is not barred, a passenger's intoxication may constitute comparative fault and proportionately reduce any recovery.

But when is the passenger's intoxication a "cause"? When is it "fault"?

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ryan Nute

Kitsap County Crashes Spike Due to Winter Weather

Chelsea Gilbert — Fri, 28 Dec 2007 13:40:57 GMT

We have blogged about several tragic Christmas Eve car crashes. Some of the crashes on Christmas Eve were the result of alcohol, but many of the crashes were a result of the treacherous winter weather. In many areas the slushy, wet roads turned to ice when the temperature dropped to below freezing in the evening. In Kitsap County emergency dispatchers were flooded with calls. On Christmas Eve they fielded reports of about 68 traffic wrecks between the hours of 8 p.m. and midnight. A number of these accidents resulted in driver and passenger injuries.

It's tempting for some drivers (and their insurance companies) to blame the "treacherous winter weather" for a crash. While bad conditions can certainly contribute to a collision in a causal sense, they're not an excuse. Rain, sleet, snow and ice don't obviate the duty to operate a vehicle safely and with due regard for the prevailing road conditions. Rarely if ever should claimants accept this excuse when they are injured in a car crash that wasn't their fault.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Chelsea Gilbert

Bremerton Man Killed in Pedestrian Accident

Ryan Nute — Thu, 13 Dec 2007 08:07:42 GMT

It's really unfortunate to see another story involving a car v. pedestrian accident. On December 9th a 52-year old man was hit while crossing the street. He was struck by a car driven by a 32-year old Port Orchard man. The accident is currently under investigation.

There are various ways that insurance companies try to shift blame from drivers to pedestrians. In addition to alleging that pedestrians are to blame for wearing dark clothing, insurance companies have also concocted a new defense called "sudden medical emergency" which covers a range of conditions from cardiac arrest all the way to sneezing. With the panoply of excuses the insurance carriers have to paying legitimate claims, it's essential to engage experienced legal counsel.

At this point it's not clear how this specific accident happened. But any case involving serious injury or death to a pedestrian should be examined carefully. In many cases the at-fault driver won't have enough insurance and other sources of recovery need to be considered. For example, a county or city may be liable if the roadway wasn't safely designed to permit pedestrians to cross the street safely.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ryan Nute

Bremerton Man Killed in Pedestrian Accident(2)

Ryan Nute — Thu, 13 Dec 2007 08:07:42 GMT

Originally posted at InjuryBoard by Ryan Nute

Failure to Yield Cited in Kitsap County Crash

Ryan Nute — Wed, 12 Dec 2007 12:03:21 GMT

Early Saturday a Suqamish woman was ejected from her car after reportedly failing to yield, and crashing into another vehicle.

The woman, 34, attempted to cross Highway 305 and was struck by a 53 -year-old man Bremerton man driving a Chevrolet Cavalier.

The woman was ejected from her car; her injuries are unknown. The passenger in her car, a 32-year-old man, was injured and transported to Harrison Medical Center. The driver of the Cavalier was also taken to Harrison Medical Center with injuries.

Passengers are sometimes reluctant to bring claims against friends or family members who cause a crash when driving. Sometimes it helps to remember that that's what insurance is for and that more often than not failure to assert a legitimate claim doesn't help anyone but the insurance companies.

Originally posted at InjuryBoard by Ryan Nute

Insurance Companies Can Compensate Students Injured in Lacy Crash

Michael Myers — Mon, 05 Nov 2007 08:19:01 GMT

Two of the Olympia High School students injured in the two vehicle crash in Lacy we previously blogged about here remain in serious condition at Harborview Medical Center. Another injured student remains in satisfactory condition at Harborview.

Two other students sustained less serious injuries in the crash. One was released from a hospital on October 30th, another student remained in stable condition at Madigan Army Medical Center in Tacoma.

Accidents involving young people can affect the rest of their lives. Sometimes parents are reluctant to bring claims on behalf of their kids. They either think that their kids shouldn't have put themselves in that position in the first place or they don't want to make claims against friends or family.

But it's situations like these--when kids are hurt--that highlight why people buy insurance. Insurance provides compensation to people who suffer injuries in accidents. Not making a claim on behalf of a child increases profits for the insurance company at the expense of someone who's been hurt. And that doesn't make any sense.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Michael Myers

Olympia High School Students Seriously Injured in Lacy Collision

Chelsea Gilbert — Sun, 04 Nov 2007 18:43:28 GMT

On Tuesday, six teenagers from the Olympia-area were involved in a car accident that sent three of these teenagers to Harborview Medical Center with life- threatening injuries. The Honda carrying the six teenagers, five females and one male, collided with a Sports Utility Vehicle heading in the opposite direction on Ruddle Road at about 3:45 p.m.

Three of the teens were ejected from the car during the crash. One of the ejected teens was run over by the Honda that was spinning out of control.

The driver of the SUV sustained minor injuries. There were no passengers in the SUV.

It is unknown which vehicle crossed the road's center line or what caused the accident. Police do not suspect that drugs or alcohol were a factor in the crash.

The three teenagers transported to Harborview have life-threatening injuries; the other passengers in the Honda were treated at local facilities for less serious injuries.

The first step here is to determine the cause of the accident. If the driver of the Honda is at-fault there is nothing to prevent the injured passengers (or their families) in bringing claims against the driver, despite the fact that they may be friends. If the driver of the SUV is found to be at-fault it would be advisable for each person in the Honda to retain separate legal counsel, especially considering the disparity in the injury severity of the Honda's passengers.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Chelsea Gilbert

Failure to Wear Seat Belts Does Not Prohibit Recovery in Car Accident Cases

Michael Myers — Mon, 08 Oct 2007 09:17:21 GMT

A lot of people think that they can't recover if they're not wearing their seat belt in a motor vehicle accident. Fortunately, that common belief is incorrect.

A recent story in The Olympian details an accident where a driver failed to negotiate a turn, causing his car to leave the highway, go through a chain-link fence and hit a tree. According to the State Patrol, neither the driver nor passenger in the vehicle was wearing a seatbelt at the time of the accident. Both men had serious injuries as a result of the crash.

Not only can the passenger recover from his friend's insurance company, he can also recover despite the fact he was not wearing a seat belt.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Michael Myers

Bars Accused of Over-Serving Patrons in Bellingham

Chelsea Gilbert — Sun, 09 Sep 2007 19:05:16 GMT

Two Bellingham bars are allegedly partly to blame for the death of Steven Rhone, Jr., 19, in a June 1 hit and run accident.

Rhone was hit by a drunk driver, Damien Mackay (his girlfriend, Amanda Littrell was also in the car) and left to die in the street, according to police. Mackay and Littrell were later arrested.

Mackay and Littrell were reportedly over-served at two Bellingham bars, the Horseshoe CafÃ© and Lounge and Johnny's Restaurant. The state Liquor Control Board is penalizing these bars for giving the two patrons involved in this drunk-driving crash too much to drink. Both the Horseshoe CafÃ© and Lounge and Johnny's Restaurant have been given a seven-day suspension because of their failure to abide with the over-service laws. Thomas Dixon, a member of the board, said the bars should be held accountable.

Read more: http://www.komotv.com/news/local/9637572.html

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Chelsea Gilbert