Washington Injury Law Blog

Seattle Police are looking for the driver of a car who hit a pedestrian in a crosswalk Saturday near Lake City Way Northeast.  The 47 year old injured man suffered life-threatening injuries.

A dark blue four-door sports car when hit the pedestrian then drove away.  Witnesses said the man was speeding when he turned south onto 20th Avenue Northeast and drove into the northbound lanes before hitting the pedestrian.  Witnesses told police the vehicle’s license plate is similar to “855-YUM.”  The car may have damage to the windshield and front bumper on the driver’s side.

Anyone with additional information is asked to call the case detective at 206-684-8936.  Those wishing to remain anonymous are encouraged to call Crime Stoppers at 1-800-222-TIPS (8477) or send a text to CRIMES (274637). The text message should include “TIP486.”

If a tip leads to an arrest and the filing of charges, callers may qualify for a cash reward of up to $1,000.

A 19 year old German nanny, Cristin Kellner, was paid $127,500 to settle her lawsuit against the Seattle Police Department and City of Seattle.  Back in 2005 Kellner was an innocent bystander that was shoot while standing outside Belltown Billards.  The shooting resulted from Seattle Police engaging in a shootout with a man riding a motorcycle near the pedestrian outside the pool hall at closing time.

Seattle City attorney Tom Carr said the city settled because of the risks posed by taking the case to a jury.  In other words, he believed there was a very high chance that the jury would find the police negligent in engaging in a shootout so close to where a large number of bystanders were positioned.  There were six police officers present and four of them determined it was too dangerous to return gun fired at the armed motorcycle rider.

The bullet that struck Kellner lodged in her lunge and was too dangerous to remove.  So identifying exactly who fired the bullet that hit her was not possible.  However, clearly the angle of her entry wound and position of the police officers who were shooting no doubt indicated one of the policemen likely the source of the bullet that injured Kellner.

Police are put in tough situations and asked to make tough judgment calls.  But they need to protect innocent people first, before apprenhending criminals.  In this case, two officers made the wrong choice and hurt an innocent person.  The city has paid for the mistake, the system has worked it out, and now everyone can move on.

I recently settled a Kirkland Washington Pedestrian Injury case involving a child for $190,000. my client a 10 year-old boy was hit while crossing the street in an unmarked crosswalk. He suffered a badly broken ankle which required surgery to repiar.

As Kirkland Pedestrian Accident attorney I have seen all too often the serious injuries suffered by pedstrian hit by cars. Thankfully, the Seattle Police are taking this issue seriously and stepping up efforts to enforce the law requiring vehicles to stop for pedstrians in crosswalks.

According to a report yesterday at the www.seattlepi.com, last Friday undercover Seattle police officers issued tickets to 53 drivers who failed to stop for the undercover officers who were walking across the street in a crosswalk. All in just one hour. Wow!

In 2007 six pedestrians were killed and 492 injured, according to a Seattle Department of Transportation report.

Drive safe and yield to pedestrian!

Max Meyers, Esq.

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

Yet another pedestrian was hit by a car while crossing the street in a marked crosswalk in Seattle, Washington. I don’t know what’s going on out there but in the last couple weeks there have been what seems to be an unusually large number of pedestrians being hit by cars.

The Settle Police Officer was jogging with a friend on Sunday evening around 5 pm at the intersection of Denny Way and Broad Street. The officer suffered a large cut to his left leg and was take to the hospital to be checked out.

November, December and January are the months with the few hours of daylight here in Washington state. As a result these months are the most dangerous for pedestrians. In the past three years 23 pedestrians have been killed while walking in Seattle.

Keep this in mind as you’re walking out there in the next few months.

Be safe!

Max Meyers, Esq.

A 24 year old woman was hit by a van while in a marked crosswalk on 98th Avenue NE in Kirkland, Washington earlier this week. The driver was on his cell phone and failed to see the woman in the crosswalk. The force of impact caused the woman to be thrown several feet into the air and suffer serious head injuries. She was taken to Harborview Medical Center were she spent several days before being release to recover at home.  

As a Kirkland Pedestrian Accident Attorney I have seen the devastating and serious injuries caused by cars hitting people while in crosswalks. Although not clear from the reports, if the driver had the cell phone to his ear he was driving – he was breaking Washington law. Back on July 1, 2008 talking on cell phones while driving with the phone in your hand being held to your ear became illegal. You may only talk on your cell phone while driving if you use a hands free device. Cell phones distract you from driving and should not be used while driving. It’s safer for you and everyone around you.

This young woman in all likelihood will suffer lingering effects from her head injuries in the years to come. I have a young boy who is a client that was also hit by a van while crossing a Kirkland street. He suffered a serious broken ankle that required surgical repair. He has been left with a big nasty scare that wraps around his ankle. The ankle is sore and aches whenever the weather changes. This young man will live the rest of his life with the consequences of this serious ankle injury.

The serious nature of injuries commonly suffered by pedestrians hit by cars makes it very important, if not imperative, to seek legal guidance quickly after a pedestrian v. car accident. A good place to start is collecting as much quality information about the injury claim process as you can. A good place to start is my FREE book The Guide To Washington Injury Cases. If you’ve been injured as a pedestrian by a car please order my book immediately before giving a recorded statement to the insurance company or signing anything.

Max Meyers, Esq. 

Yesterday, a story appeared on King 5 TV news about a man who serious injured when he was hit by a car in a crosswalk in the morning when it was still dark outside. With the short daylight hours here in Seattle during the winter it’s a good idea to keep these 10 safety tips in mind when walking near roadways in the dark.

1. Use sidewalks and off-road paths : Separate yourself as much as possible from traffic by seeking out lighted paths and sidewalks. If sidewalks are not available, walk on the edge of the road or on the left shoulder of the road. Use pedestrian bridges when they are available.

2.  Wear reflective or light colored clothing. Dress in light colored clothes or wear something reflective (like a cyclist sash).  This allows you to be seen by vehicles more easily. Just because you can see the lights of a vehicle doesn’t mean that the driver can see you. Visibility for the driver is limited at night, and it is made worse when you wear dark clothes. Carrying a flash light is also a great idea.

3. Walk facing traffic: When you cannot avoid walking on the side of the road, always walk on the side of oncoming traffic so you can see and react to any vehicle . Do not walk with your back to overtaking traffic.

4. Cross at marked crosswalks or intersections. Pedestrians are most often hit by cars when they cross the road at places other than intersections. Be extra cautious when crossing at night even at pedestrian crossings. Traffic does not expect pedestrians to be out walking at night. Even when crossing with a crossing light, assume that the cars who may be turning across your path do not see you.

5. Safety in numbers: Use the same routes used by other walkers and runners. Drivers are more used to seeing them there.

6. Don’t get tripped: Tripping hazards are worse after dark. Uneven sidewalks, roots and rocks on trails, potholes and trash on the side of streets and roads – all can lead to a slip or fall. Walk with your eyes noting the ground 15 feet ahead to see upcoming hazards.

7. Blinded by the light: As we age we lose our ability to see well in the dark and recovering after having headlights shine in your eyes. Choose a path where you won’t have frequent changes in the lighting level. Do not look straight into oncoming headlights.

8.  Use Umbrella carefully. Do not allow your umbrella to obscure your vision when walking along a road or crossing. If you cannot see what is happening, you cannot avoid danger.

9. Drinking and walking? Alcohol can impair the judgment and motor skills of pedestrians just as it does for drivers. Don’t take alcohol risks with walking, just as you would not with driving. Take the bus, take a cab, or have a friend drive you home. Beware of the effects of prescription and non-prescription medications and drugs, too.

10. Obey traffic signals. At intersections where traffic is controlled by signals or a traffic officer, pedestrians must obey the signal and not cross against the stop signal unless specifically directed to go by a traffic officer.

Max Meyers, Esq.

If you have been hit be a car or other vehicle as a pedestrian and suffered injuries you should speak with an experienced Washington pedestrian accident attorney like myself.  If you have questions or would like to know your rights please call me. In any cay, please don’t give a recorded statement to the insurance company or sign anything until you have ordered my FREE book – The Guide To Washington Injury Cases and get the basic info you need before speaking with any insurance adjuster.

Resources:

Safety Tips For Pedestrians

Night Walking Safety Rules

Pedestrian & Bicycle Safey - Federal Highway Administration

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.

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.