Washington Injury Law Blog

As the economy continues to hammer local government budgets, many cities are looking out of the box to cover budgets gaps according to a recent MSN Money article.  Cities across the country are using or considering the increased enforcement of traffic laws to cover these budget woes.

Canton, Ohio is one such town.  Residents have seen a 221% jump in traffic tickets during the first quarter of 2010.  If you plan on visiting the home of the Pro Football Hall of Fame you better leave that lead foot at home!  Canton’s Police Chief Dean McKimm sees the new enforcement as a way to increase traffic safety and bring in dollars.  Cities in Michigan have faced similar situations.

Actions like this confirm what many people felt was true in the past, which is that traffic tickets are about revenue as much as safety.  As the sour economy continues we can expect to see these part-time “tax” collectors with guns and badges in cities here in Washington state.  We’ve already have seen increased enforced on the weekends across the state.

This may be a short term budget fix, but speed is a serious danger, especially when it comes to motorcycles.  Just this week we have seen two separate Washington motorcycle accidents reported in the news that proved fatal because the riders were traveling at very high speeds.  With motorcycle season upon us here in Washington, if you ride, please keep the speed under control.  There have already been far too many fatal Washington motorcycle accidents this year.

Keep the lead foot off the gas pedal or it just may empty your wallet!

Ken Thieman, 31, of Dallesport, Washington crashed his motorcycle at 85 mph last month on I-84 in Dalles, Oregon.  An Oregon State Trooper was sitting on the side of the road.  Thieman likely saw the cop and freaked out a little because he was doing 85 mph.  That momentary loss of focus caused Thieman to crash his motorcycle, which was caught on video tape by the cop car.  Check it out.

Watch for the motorcycle sliding by on left side of road as man rolls by on right side of road.  Crazy!

There has been three motorcycle accident deaths this week in the Puget Sound area.  Motorcycle plus high speed often = fatality.  The guy in the video was very lucky.  Please use common sense and ride safe.

Max Meyers, Esq.

A man tossed a bicycle into the path of actor James Caviezel yesterday in Leavenworth, Washington.  Caviezel was riding his 2006 Harley-Davidson 14 miles outside of Leavenworth when the man threw the bicycle.  It’s unknown why the man threw the bike.

Caviezel was born in Mount Vernon, Washington and currently lives in California.  Caviezal suffered cuts and bruises in the Washington motorcycle accident.  He was treated at Cascade Medical Center in Leavenworth according to the Washington State Patrol.

Washington Troopers plan to forward the results of their investigation to the Chelan County prosecutor’s office for possible charges.

Caviezal was lucky to escape the Washington motorcycle crash with only cuts and bruises.  Motorcycle wrecks often results in much more serious injuries like broken bones and brain trauma.  If you find yourself dealing with injuries from a Washington motorcycle accident caused by the carelessness or recklessness of another person, please order my book the 7 Biggest Mistakes That Can Wreck Your Washington Motorcycle Accident Case or contact me to discuss your rights before speaking with any insurance adjusters or signing any documents.

Safe riding!

Max J. Meyers, Esq.

A Spokane Washington grandfather, Robin Scholz, was riding his Harley Davidson with his 9 year-old granddaughter Nehalah May as a passenger on Sunday afternoon.  As they road down Highway 195 south of Spokane 89 year-old Easter Westlund approached from the other direction and turned left in front of the motorcycle. Ms. Westlund failed to see the motorcycle and cut it off. Mr. Scholz had no time to stop or maneuver his motorcycle and crashed into the car.

Nehalah May died from her motorcycle accident related injuries and her grandfather is in critical condition at Sacred Heart Medical Center. Negligent driving took the life of an innocent child.

All too often the motorcycle rider dies as a result of a serious motorcycle accident with a car. Nehalah’s family in this situation does have a wrongful death case against the car driver. However, nothing can bring back this little girl to her family.

My prayers go out to Nehalah’s family.

Max Meyers, Esq.

Source: KXLY TV report 5.11.09

Motorcycles and scooters are hitting Washington roads in record numbers.  A large number of these new riders are inexperienced, which is leading to crashes due to rider error.  As a Washington Motorcycle Accident Attorney I have seen first hand the devastating effects a motorcycle crash can have on the human body.

My law firm represented a couple that were rear-ended while riding a motorcycle. The woman suffered a fractured thigh bone and the man suffered several broken ribs and a knee injury that required surgery. More often than not motorcycle accidents result in serious injuries like broken bones or worse. 

The Washington State Patrol estimates that 80% of motorcycle accident fatalities are a result of rider error, most commonly excessive speed and lane errors – like failing to negotiate a curve safely. A good way to avoid becoming one of these statistics is to take a motorcycle safety course. I bought my first street motorcycle when I was 19 years old. I took a motorcycle rider safety course that really taught me the basics of stopping quickly under control, cornering and bike control that has kept me upright for the last 19 years.

Here’s some more scary stats. 93% of the fatal motorcycle crashes involved riders with no safety training.  The number of motorcycle deaths rose every year from 1997 -2006. This year so far there have been 48 motorcycle accident related fatalities. A 1/3 of riders involved in accidents do not have the required endorsement on their driver’s license.

Washington state law requires all motorcycle riders to have the proper motorcycle endorsement on your driver’s license.  Scooters that are capable of going over 30 mph also require an endorsement. A new Washington state law allows police to impound your motorcycle if you don’t have the proper endorsement. There’s no reason not to have it, an endorsement requires a simple written and riding test. If take a motorcycle safety course these tests will be a breeze.

If you’re thinking about buying a motorcycle or scooter for the first time, do yourself a favor and take a rider safety course. The life you save may be your own!

Max Meyers, Esq.

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.

A 28-year old man died Monday night in a motorcycle crash in Lynnwood, Washington. According to the Snohomish County Sheriff’s Office, the man crashed his Harley Davidson into a concrete sign post at the intersection of 140th Street SW and 64th Ave. W shortly before 8 pm. The man was not wearing a helmet and died at the scene.

The risk of injury in motorcycles accidents is much greater than car accidents.  The metal that surrounds car passengers is designed to protect the them from injury as much as possible. Motorcycles do not have this available. According to the National Highway Traffic Safety Administration (NHTSA), per vehicle miles traveled, motorcyclists are about 21 times as likely as passenger car occupants to die in a traffic crash and four times as likely to be injured. (NHTSA, 2001).

The wind in your hair and bugs in your teeth is what draws many people to ride motorcycles in the first place. The added danger is an acceptable risk for may bike riders.

I rode a motorcycle for many years. I had a ninja style street bike that went way to fast for a 19 year old to be driving. My mother thought I’d kill myself for sure, she even went so far as to donate extra blood just in case. Thanks Mom! Luckily, I never crashed by bike and needed to tap into her private stock of blood bank reserves. One of the things that I did do was always, and I mean always, always, always wore my helmet.

Motorcyclist are required by Washington law to wear a helmet when riding a motorcycle, moped, scooter or other motorized cycle. The law specifically says in RCW 46.37.530 that:

“(c) For any person to operate or ride upon a motorcycle, motor-driven cycle, or moped on a state highway, county road, or city street unless wearing upon his or her head a motorcycle helmet except when the vehicle is an antique motor-driven cycle or automobile that is licensed as a motorcycle or when the vehicle is equipped with seat belts and roll bars approved by the state patrol. The motorcycle helmet neck or chin strap must be fastened securely while the motorcycle or motor-driven cycle is in motion. Persons operating electric-assisted bicycles shall comply with all laws and regulations related to the use of bicycle helmets;”

The risk of death in a motorcycle accident increases 29 percent when you fail to wear a helmet. (NHTSA, 2001). Doctors and nurses I know who work in Hospital ERs call motorcycles “donorcycles” due to the high rate of death they see when riders are in motorcycle accidents. In 2006, 65% of fatally injured motorcycle riders were not wearing a helmet in states without all-rider helmet laws, compared with only 13% in states with all-rider helmet laws. (NHTSA, 2007). Washington has an all-rider helmet law. Helmets are also 67% effective in preventing brain injuries to motorcycle riders. (NHTSA, 2001).

Do yourself and your family a favor and wear your helmet when riding your motorcycle. You mean too much to your family to risk your life unnecessarily.

If you are in a Washington motorcycle accident that was caused by another person’s negligence you should contact an experienced Washington injury attorney as soon as possible. Injuries in motorcycle accidents are often severe and quick action is often necessary to make sure the accident scene is properly investigated and facts documented. Feel free to contact me if you find yourself injured following a motorcycle accident.

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.

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.