Washington Injury Law Blog

A drunk driving and vehicle assault investigation has revealed that Noble had a blood alcohol-content (BAC) of 0.22% after driving drunk and causing a very serious car accident that injured Leslie Workman and Lyndsey Jones on January 18th. Workman and Jones are lucky to be alive, however they did suffer broken bones in the car accident.  Noble’s political career is now in question as felony charges for vehicular assault may to be filed by the Washington Attorney General’s office.

The car accident happened around 2 am on I-5 in the Auburn  / Federal Way area.  Witnesses say Noble prior to the accident was weaving in his lane before pulling a U-turn of the freeway, then driving southbound on the northbound lanes of Interstate 5.  Noble told the Washington State Patrol officer at the scene of the accident that he did not know how much he had to drink, but had too much.  Noble  admitted fighting with his wife prior to driving.

Noble spent weeks in Harborview hospital recovering from internal injuries that required surgery before he was release in mid-February.

As a Kirkland Personal Injury Lawyer I regularly represent people who have been injured in car accidents caused by drunk drivers. Every year approximately 18,000 people are killed in alcohol related vehicle accidents. If you or someone you know has been seriously injured in a car accident please contact an experienced Washington personal injury attorney as soon as possible. The sooner an investigation is performed the better.

Max Meyers, Esq.

Sources:

Seattle PI

Seattle Times 2/25/09

Seattle Times 2/26/09

As your personal budget tightens during this recession don’t cancel your uninsured motorist (UM) coverage on your car insurance. Many of my Seattle car accident clients can tell you the devastation that results when a person hits you and they have no car insurance to cover your injuries. A recent report stated that 1 in 6 Washington drivers do not have car insurance. Scary!

That means if you’re in a car accident there is a 17% chance the person who hit you  will not have car insurance to pay your medical bills, lost wages or anything for having to go through all the pain and inconvenience. Your only line of defense against these drivers in uninsured motorist car insurance.

I highly recommend all Washington car drivers carry at least $300,000 in uninsured motorist coverage. I personally carry $1,000,000 in UM coverage. Driving a car is the most dangerous activity in my family’s daily life. The safety and protection of my family and our financial health is a high priority. That’s why I carry such high UM policy limits.

One serious car accident can result in tens of thousand of dollars in medical bills and render you unable to work for long periods of time or not at all. Think about it, how much would you lose if you could never work again? Big number I bet. That’s why having high UM policy limits is so important.

Protect yourself and your family and carry the highest amount of uninsured motorist coverage you can. Call you insurance agent and ask how much it will cost. You’ll be surprised how little your premium will increase each month. Or better yet send me an email request for my report The Guide To Buying Car Insurance In Washington. Write in the “Can we answer a question” box that you want the car insurance buying report. My report will explain UM coverage and more in detail.

Warmest regards,

Max Meyers, Esq.

Source:

King 5 News, Number of uninsured drivers on the rise – 01.28.09

A new trend is appearing in the medical malpractice insurance battle across the nation. In the mountain of forms you sign covering insurance and the like, you may find a new form required by the doctor before he’ll treat you. The new form requires you to give up your right to free speech regarding your experience with the doctor.

The new form states you may not write anything negative or post anything negative on the internet about the doctor.  You also agree to stop any of your friends and family from doing the same. Am I crazy or is this unbelievable. I would sign this form, I’d find a new doctor instead.

This is justice another attempt by insurance industry backed companies to take away patient rights and avoid fixing the medical malpractice problem in this country. If doctors would just police themselves by kicking out the doctors who repeatedly cause a majority of the medical errors that hurt people, then maybe patients wouldn’t have anything negative to talk about.  Thus reducing the number of medical malpractice lawsuits.

Approximately 100,000 deaths occur each year as a result of medical errors by doctors. There is a medical malpractice crisis and  patients last line of defense is his right to warn others about a doctor who has injured them negligently. Perhaps taking measures to increase patient safety would be a better use of a doctor’s time than continuing efforts to take away patient rights.

My 2 cents,

Max Meyers, Esq.

Source:

InjuryBoard.com, National New Desk by Jane Akre

If you were riding your bike over a bridge and a seam in the roadway was so large that it caused you to crash. Before you know it you’re flying over the handle bars and landing on your head. Your head impacted the road so hard that your helmet was split in half and you were left with a bruise to your spinal cord, which has left you in a wheel chair for the better part of two years now. You would probably be mad that someone hadn’t fixed the road or allowed it to become so dangerous for a bicyclist like yourself. This is the story of Mickey Gendler, a man who was paralyzed in a 2007 bicycle accident while riding over the Mountlake Bridge in Seattle.

Eventually you might want to know if other people have suffered the same fate and been injured by the defective or unrepaired bridge roadway. Mickey and his attorney have requested copies of past reports of crashes by bicycles on the Mountlake Bridge. Unfortunately, the Washington State Patrol and Washington Transportation Department refused to disclose any past reports of accidents on the bridge. 

The State patrol and Transportation Department claimed that federal law allowed them to deny such requests if the reports may be used in a civil lawsuit. Huh, any public record produced in regards to an accident has the possibility to be used in a lawsuit. As a Kirkland bicycle accident lawyer I have requested and received countless copies of accident reports in connection with cars hitting bikes or other cars. The State Patrol has never refused to produce an accident report I requested.

But in Mickey’s case the State of Washington itself is a potential defendant because the State built and/or maintained the bridge roadway. So they conveniently denied disclosing information that is routinely disclosed freely in other potential litigation scenarios.

Luckily, a Thurston County Judge saw through the State’s BS and determined that the past reports of crashes on the bridge are public information and subject to the disclosure requirements of Washington Public Disclosure Act. This means Mickey and his attorney have the right to the records of past crashes. Seems like a no brainer to me, but in my experience you never know what a judge will do until a ruling is in hand. If there have been multiple crashes and injuries on the bridge seam, which the State knew about but did nothing to repair the road, then the State should be held accountable.

Stayed tuned, as the State may appeal the decision to a higher court. I for one hope the State does. Some legal precedent on the matter could then be set and it will resolve the situation once and for all.

Best of luck Mickey!

Max Meyers, Esq.

Source:  Seattle PI, 2.4.09

While commuting to work on his bicycle Kevin Black, a molecular neurobiologist at the UW, was killed in a crash with a car near the intersection of NW 64th Street and 24th Avenue NW in Ballard, Washington. My condolences go out to Kevin’s family and friends.

By all accounts, Kevin was a super dedicated bicyclist who commuted to work almost daily. He was known to ride everywhere and his car was rarely used. Kevin even rode from Seattle to California for his high school reunion.

It’s unclear how the accident happened and is still being investigated. The stories in the media seem to paint a picture that implies Kevin was at fault, but I for one rarely believe such reports. As a Kirkland bicycle accident attorney I have seen how the police, media and the car driving public at large are quick to blame bicyclist for getting in the way of cars. We’ll have to wait and see on this one. Unfortunately, Kevin is not here to tells his side of the story.

Kevin left behind two daughters and many friends who will miss him terribly.

Please share the road and watch out for bicycles,

Max Meyers, Esq.

Source: Seattle PI, 2.4.09

As a Kirkland pedestrian accident attorney I have clients who were seriously injured in a unmarked crosswalk. A couple nights ago a wheelchair bound 58 year old man, David R. Hayes,  was hit by a car and killed while crossing Highway 99 in an unmarked crosswalk. Serious injury and death are common results of car v. pedestrian accidents.

Mr. Hayes was crossing Highway 99 at its intersection with Gibson Road at 10:00 p.m. It is not known if the intersection was well lighted or not. Regardless, vehicles are required to yield to pedestrians in unmarked crosswalk just like marked crosswalks. That doesn’t mean pedestrians can just walkout into the street at anytime regardless of the traffic. Pedestrians must also exercise good judgment and wait until it is clear enough for them to cross the street while giving approaching vehicles reasonable opportunity to see them and stop if necessary. Pedestrian who jump into the crosswalk unexpectedly or suddenly can be at fault for an accident.

I had a client who was a 10 year old boy who was hit by a van while attempting to cross the street in an unmarked crosswalk. The van driver failed to stop completely and remained stopped for the boy.  The boy was hit by the van and suffered a horrible fracture to his ankle. The van’s insurance company paid $190,000 to settle the boy’s injury claim. Not all cases have this kind of result, but you can see the liability exposure a car driver can face.

If you believe that it is not a crosswalk unless it is marked. You are absolutely wrong! If there is an intersection of two streets, then there are crosswalks present regardless of markings. So if someone is attempting to cross at such an intersection they are given the same rights and protections as if in a marked crosswalk.

Drive safe and watch for pedestrians!

Max Meyers, Esq.

Source: Seattle PI, 02/02/09 in Northwest Briefs