Washington Injury Law Blog

Dr. Ed Farrar a Wenatchee, Washington orthopedic surgeon and father of professional bicycle racer Tyler Farrar was in a car v. bicycle head on accident last week. Dr. Farrar was out for his daily morning bike ride when a local security company vehicle approached from the other direction. The driver of the car dropped a clipboard on the floor, as he reached for it, he took his eyes off the road. The car drifted across the road on a curve into the oncoming traffic lane where it hit Dr. Farrar head on.

Dr. Farrar suffer very serious injuries, including 15 broken ribs and several fractures to his spine, which his doctors describe as a serious spine injury.  Dr. Farrar is in critical condition at Central Washington Hospital. My prayers go out to Dr. Farrar and his family.

Dr. Farrar’s son Tyler races professionally with the Garmin-Chipolte team.  Tyler is leading a charity bicycle ride for his father, called the “Rally for Ed,” Sunday November 9, 2008.  For more information is available at the Wenatchee Valley Velo Website; requests for details on the ride can be made to wenatcheevalleyvelo@yahoo.com. For updated on Dr. Farrar’s recovery, well-wishers an visit his page at CaringBridge.

Max Meyers, Esq.

As I’ve blogged about before, more and more bicycles are hitting the roads with the high gas prices and push to be more green. As an avid recreational cyclist and Washington Bicycle Accident Lawyer I have seen the dangers that lurk out there for the bike commuter.

Another tragic bicycle fatality occurred yesterday morning in Sumner, Washington when a bicyclist who was riding on a gravel shoulder of a road hit an object causing him to crash and fall into the street. A dump trump was approaching in the lane the biker fell and was unable to avoid hitting the bicyclist. The biker died at the scene. My sincere and deepest condolences go out to this man’s family and friends.

The Greater Puget Sound area is one of the most bike friendly metropolitan areas in the country, but more obviously can be done. I encourage everyone to vote in favor of all bicycle friendly legislation that ends up on your election ballots. You can also find out more useful information at Cascade Bicycle Club’s website www.cascade.org.

Ride safe!

Max Meyers, Esq.

As a Washington Bicycle Accident Attorney I’m always interested in any newsworthy events involving bicycling. Over the past few days I’ve been reading in the Seattle PI about a Critical Mass bicycle protest ride that got out of control. A car driven was stopped from exiting a parking lot by several bicycles. It appears the driver became frustrated and ran over two of the bicyclists and proceeded to drive away. Other bicyclists chased the car down and started beating on the car, broke the windshield and rear window, and struck the car driver.

A black eye has been given to bicyclists as a result of this unfortunate event. I understand the frustration the driver was feeling, but that did not give him the right to run over bicyclists. The bike riders had no right to take justice in their own hands like vigilantes and beat up the car driver. The bicycle riders should have called the police and given the license plate number to the police and let them handle it. None of the people involved acted properly. All of them should feel ashamed of their actions.

With the ever increasing gas prices more and more bicycles are hitting the roads. Bike advocates of every stripe and color are also increasing efforts to gain better rights for bicycle riders. An advocate group called  Critical Mass conducts moving bicycle rights protests all over the country.  The protests involve a large group of bicycle riding down a street in a mass group. The riders block intersecting streets and driveways so the large group can ride past without cars pulling out into the mass of bicycle riders. The rides are often unannounced and disrupt traffic. Thus conflicts with drivers arise fairly easily.

Last year a clash between undercover King County Police with another Critical Mass ride resulted in heavy handed arrests by the police and cries of police brutality by the riders. In New York a NYPD officer was caught on video tackling a Critical Mass rider without provocation last Friday. Below is a video of the incident.

[youtube]http://www.youtube.com/watch?v=SAkRweEQxxI&NR=1[/youtube]

Aggressive bike advocacy does not seem to be working to endear favor with motorists or police. Taking the law into your own hands is never the answer. If you are a bicycle rider who wants greater rights and respect from drivers you need to start with being respectful and courteous to vehicles. Car drivers biggest gripe is when bikes run stop signs and red lights. As a bike rider I know it is a pain to stop for every sign and red light when riding in the city, but that is the law and I, like you, must follow it. Car drivers do and you as a bicycle rider cannot expect to get empathy for your situation if you act like a scofflaw and constantly break the rules of the road. By always following the rules of the road you can start to overcome the bias against bicyclists that many police officers and Washington drivers hold.

If you take the high road and choose to follow the laws going out of your way to be a friendly and courteous bicycle rider the driving public will be much more willing to share the road and grant greater bicycle rights.

Please ride safely. If a conflict arises call the police and let them handle it. Your health and safety are more important than a moment of frustration and anger.

That’s my 2 cents.

Max Meyers

More Bicycle news stories and videos:

Pedal v. Metal, Newsweek article

Bicyclists Say Seattle Ignores Safety Issues, Seattle PI article

Emotion Still Running High After Critical Mass Confrontation, Seattle PI article

Youtube video link of 2006 Critical Mass Confrontation by King County Sheriff undercover officers, beware some explicit language used:   http://www.youtube.com/watch?v=0XwDLCCsKxQ&feature=related

Seattle Critical Mass July 2007 video, http://www.youtube.com/watch?v=cqKMqLmIZe8&feature=related

As an avid recreational Seattle bike rider and Washington Bicycle Accident Attorney I’ve seen more and more bicycles on the road as people ditch their cars as gas prices have risen to over $4.00 per gallon. With more and more bicycles hitting the Seattle, Bellevue, Kirkland and other Washington city streets you can expect to see a rise in car versus bicycle accidents.

Bike sales have skyrocketed this year due to high gas prices according to the National Bicycle Dealers Association.  Bicycles are flying out bike shop doors and onto Seattle streets.  Bikes are no longer toys hanging in the garage, they’re becoming primary transportation to work. You can expect this to continue as gas prices here in Washington climb toward $5 per gallon.

I for one am biking to work more than last year. Gas prices are ridiculous and I object on principle to oil companies making billions off of me and then getting off with a slap on the wrist when they poison the environment. Hello, Exxon!

All these new bikers on the road means more conflict between bikes and cars. My mother in law, like many other Washington drivers, believes bicycles should not be on the road and should get h*&% out of the way! Bicycles have equal legal right to be on the road and those of you in cars need to share the road. Bicycles need to follow all traffic laws, hello, no running stop sign or red lights. If you and I all follow the rules of the road, be courteous, patient and share the road many bicycles versus car accidents could be avoided.   

Enjoy this great sunny weather and ride safe!

Max Meyers

Starting at 4:45 a.m. Saturday morning 9,500 bicycle riders will begin riding from Seattle to Portland in Cascade Bicycle Club’s annual charity fundraiser ride.  About 2,500 of the riders will attempt to ride the 206 miles in one day, Ouch!!   They will leave at 4:45 a.m. from University of Washington parking lot near Hec Ed.  The remaining 7,000 two day STP riders will leave between 6:00 – 10:00 a.m.

With 9,500 bike riders hitting the same roads you can expect heavy bicycle traffic along the STP route.  In 2007 there were riders who came from 44 different states and Australia, Bermuda, Canada, England. Ireland, Japan, Nepal and Switzerland.

If you find yourself driving along a road that is also part of the STP route please use extreme caution.  When a car collides with a bicyclist the result is usually serious injury to the bicycle rider.  As a Washington Bicycle Accident Attorney I have seen the devastating effects a car v. bicycle accident can have.

I know if can be frustrating to share the road with that many bicycles, but it is a charity ride for a good cause.  When passing bikes give them a wide cushion and pass at a bit slower pace that you might normally.  It will be appreciated by the STP riders and help you avoid an accident.

 Ride Safe and Drive Safe!

Max Meyers

Pain is the natural side effect from any type of personal injury recovery, including car accidents and major trauma injuries. Unfortunately for many of those accident victims, the pain never goes away. This is something that accident survivors have always known but now a major pain study by the University of Washington has come to the same conclusion. The study which was published in the journal, Archives of Surgery was conducted by Dr. Frederick Rivara, MD. According to the study almost 63% of all trauma patients still experience moderate to severe pain one year after the accident.

The study included 3047 patients ages 18-84. They all had experienced acute trauma from an accident. The researchers followed the people for over one year and discovered most of the pain was reported in the joints and extremities (44%), back (26%) head (11%) and neck (7%). Moreover, 59% of those patients with injury-related pain had three or more painful areas one year after injury.

Other findings worth noting in this March 2008 study were that pain levels at the 3 month marker were indicators on how long pain severity would continue. Basically, if you had severe pain after three months of a single trauma, most likely you would be experiencing at least moderate pain in one year’s time. The study findings encourage doctors to treat the pain as well as the injury. One important conclusion reached by the study is that “Earlier and more intensive interventions to treat pain in trauma patients in needed.”

Information for early pain management options should be available to patients so that they can choose the best treatment according to their injury and lifestyle. Where can a person go to get unbiased information? First, always keep a good line of communication open with your doctor and then start with the following resources:

A general overview of evaluating Health Information on the Internet can be found at, http://www.fda.gov/oc/opacom/evalhealthinfo.html.

A comprehensive non-profit organization called the American Pain Foundation has several resource guides for managing and understanding your pain. Here are a few helpful links:

Pain Resource Guide,

Discussion Guide for you and your doctor,

Pain Treatment Options,

Options for Managing pain,

Target Chronic Pain guide.

Pain can rob you of your family time, work productivity and quality of life. Pain is a major part of any injury claim. That’s why it is important to choose an experienced Washington Injury Accident Attorney if you have been in a car accident of other accident caused by the negligence of another person.

The tax man is coming! April 15th is fast approaching, meaning it is time to pay Uncle Sam his due. As a Kirkland Washington personal injury attorney I rarely wade into tax law issues. However, for all my Washington personal injury clients, there is one very important tax regulation that applies to personal injury lawsuit verdicts or settlement money.

If you are the injured victim or family member that recovers money as the result of a personal injury lawsuit or claim – then the money received is not taxed. Under Federal Treasury Regulation § 104(a)(2) Gross Income (potentially taxable income) does not include money (unless punitive damages – which aren’t available under Washington laws) received as the result of personal injury lawsuit /claim settlement, judgment, or verdict.

If you settled your car accident or other Washington injury accident case in the last tax year you will not have to pay taxes on it. You will probably have to report that you received a personal injury settlement or verdict, but no taxes will be charged against it. So when your accountant or tax software asks you about the amount received don’t worry, you won’t pay more taxes by telling the IRS about your injury settlement/verdict money. 

The tax code section reads specifically: “Section 104(a)(2) excludes from gross income the amount of any damages received (whether by suit or agreement) on account of personal injuries or sickness. The term “damages received (whether by suit or agreement)” means an amount received (other than workmen’s compensation) through prosecution of a legal suit or action based upon tort or tort type rights, or through a settlement agreement entered into in lieu of such prosecution.”

Ben Sansone of the Missouri Injury Law Blog had recent post on the same subject. If you live in Missouri you should definitely check out his blog, it is excellent.

Once upon a time business deals were done on the golf course between the old boys. Times they are a changin’. Seattle is a bicycle Mecca of sorts – with a large population that take advantage of the many biking trials around the city. Well now there’s a trend of business deals getting done during a bicycle ride instead over a round of golf. Seattle businessmen and women are choosing to get a some exercise and do a deal over a bike ride around the city instead on the golf course.

Some local companies in an effort to encourage their employees to live more healthy lifestyles have offered bicycles to employees who agree to bike to work a certain amount per year. This kind of attitude leads naturally to more social bike rides where business deals may flow as a result. Definitely a good thing for everyone.

As a Washington bicycle accident attorney and recreational bicycle rider I know the dangers that can be out on the road for Washington bicyclists. Seattle may be perceived as a bicycle friendly city – but sometimes its hard to feel that when drivers refuse to share the road. Many Puget Sound area drivers despise bicyclists and think they should get out of their way and off the road. Trails like the Burke-Gilman provide vehicle free areas for bicyclists, but some traffic riding is inevitably needed to get to those trails.

With more and more bicyclists hitting the roads her are some safety tips to keep in mind:

1.  Stay alert

2.  Obey all traffic laws – stop at stop signs and red lights

3.  Make your own decisions in traffic – if riding in a group to fall in the pack mentality trap

4.  Ride as far to the right as practical

5.  Signal and look before turning

6.  Ride in a predictable manner

7.  Ride no more than two abreast when on a group ride

8.  Always were a helmet – it may save your life

9.  Wear bright colored clothing

10. Keep your bicycle in good repair

Sources:

Seattle PI

Cascade Bicycle Club

Here’s more good bicycle safety tips

As a Kirkland Personal Injury Attorney I often have car accident clients who have suffered severe injuries – which have left them with chronic injuries that will last the rest of their lives. A traumatic brain injury can leave you permanently disabled with lingering effects from the accident.

A test has been developed by an insurance company doctor, Dr. Paul Lees-Haley, to find people who are faking injuries or over exaggerating the severity of their injuries. The test – called “Fake Bad Scale” – claims to find injury victims who are lying about the severity of their injuries. Which would be all and good if it was proven to be scientifically accurate – it isn’t. There is a lot of controversy and disagreement amongst the scientific community regarding the tests reliability and accuracy in finding fakers (a.k.a malingerers).

An article in the Wall Street Journal last week shed some light on this latest battle between greedy insurance companies and good guys like me, otherwise know as plaintiff’s attorneys. The test is commonly given as part of a psychological exam as a sub-part of the MMPI. Unfortunately, nearly everyone who takes it can be considered a faker – according to leading critic Dr. James Butcher. Great for insurance companies, bad for you the injury victim!

The test asks 43 true or false questions like “My sleep is fitful and disturbed” or “I have nightmares every few nights.” For someone suffering from post-traumatic stress disorder these can be legitimately true statements, but the test counts two points towards classifying you as a faker. Other test questions are “I have very few headaches” or “I have few or no pains.” If you suffer from chronic headaches you would say false, and again the test would count two more points towards labeling you a faker.

The author of this test, Dr. Lees-Haley over the last 18 years has received 95% of his work from defense attorneys representing insurance companies. I also find it very interesting that Dr. Lees-Haley paid to have his faker test published in a small medical journal in an attempt to buy his test instant creditability.

Luckily for injury victims across the country judges have often been persuaded to not allow this test into evidence in court cases. Whenever there is a genuine controversy surrounding the scientific soundness of a test – courts are generally suppose to forbid its use as evidence.

I have not had a case where Fake Bad Scale has raised its ugly head. But I’m sure its only a matter of time. Let’s hope that our Washington judges – if or when faced with deciding whether to allow the use of the Fake Bad test against an injury victim – choose on the side of caution. Choosing to protect injury victims over the greedy insurance company’s attempts buy excuses for failing to pay legitimate injury claims should be any easy choice in my biased opinion.

The best course of action if your insurance company is calling you a faker (a.k.a. malingerer) or requesting an “independent” psychological exam is to speak with an experienced Washington injury attorney pronto. Before you agree to this kind of testing you should absolutely know your rights!

There’s another good post by Missouri Injury Law Blog concerning Allstate’s settlement tactics. Allstate advertises that you’re in “Good Hands” with them. But ask any experienced Washington injury attorney or injury victim who has had to deal with Allstate on an injury claim and you’ll quickly hear how those hands came wrapped in boxing gloves.

Many of my clients have found dealing with Allstate on your own is like going a few rounds with Mohammad Ali. There’s a lot of jabs, some body blows and eventually you’re seeing stars wondering what happened. There are numerous stories of how Allstate adjusters have not dealt with people on a level playing field just like the story of attorney Ben Sansone’s client. 

A case in Washington had to reinforce the fact that Allstate cannot tell a Washington car accident victim they don’t need to speak with an attorney because the insurance adjuster is looking out for them and attorneys will only take money out of their pocket. When an insurance company tells someone they’re looking out for them and they don’t need an attorney to review a release of all claims form they want signed – the insurance company is giving legal advice without a license to practice law. That’s illegal – and just not right.

Although I haven’t personally had an insurance company threaten bankruptcy of the at fault driver as a way to force a low settlement — it doesn’t surprise me. An experienced Washington injury attorney should know that a bankruptcy has no effect on the available insurance. This underhanded tactic does not work on experienced injury attorneys, but if it were you — would you know the threat was hollow? I have had several cases were the at fault party went bankrupt, but the insurance coverage was still available and paid despite the bankruptcy. This is definitely a trap for the unwary and another reason you should speak with an experienced Washington injury attorney before speaking with an insurance adjuster.

Or better yet order my free book “The Guide to Washington Injury Cases” by clicking here. The book will give you some good information about the whole Washington car accident claim process before you speak with that pushy insurance adjuster.