Attorney Blog

Aging Bikers Hopping on Trikes

Max@ScottMcDonaldLaw.com (Blog Author)27592 — Tue, 02 Mar 2010 08:00:00 EST

As motorycle riders age their bodies change, but that doesn't mean having to give up riding. Aging bikers facing a physical disability are increasingly turning to trikes as a way to stay on the road. Their bodies may not be able to hold up a two-wheeled motorcycle, but add a third wheel and they're back in the saddle again.

Three-wheeled motorcycles commonly referred to as Trikes are a great option when the old legs just aren't what they used to be. There are organizations, like Brothers of the Third Wheel, to keep riders connented to the motorcycling community. The motorcycle industry expects to see more and more trikes on the road as baby boomers, the largest group of motorcycle owners in the US, age out of two-wheelers.

Trikes allow riders with arthriti, back bain and other ailments to go on long rides comfortably. Some trikes even come with a reverse gear, so they don't have to be pushed in or out of a parking space. Trikes are bigger so they are seen better by cars and other vehicles and hopefully avoid more Washington motorcyle accidents than two-wheelers.

Harley Davidson last year started selling trike versions of its popular touring bikes in an effort to start tapping into this emerging market. HD has not been able to keep up with demand, so we can expect Harley to keep producing trikes.

Old Tires Sold As New Highly Dangerous l Kirkland WA Car Accident Lawyer

Max@ScottMcDonaldLaw.com (Blog Author)27591 — Tue, 02 Mar 2010 08:00:00 EST

A recent report from ABC's TV show 20/20 exposed the risks and dangers of driving on old tires. Even brand new tires that are over 6 years old but never used can fail causing a danagerous and life threatening car accident. The video of the 20/20 report is below. The report shows you how to find and decipher the age of your tires or any that you plan on buying.

I had no idea new tires at the local tire store could have been on the shelf for years. It's amazing that citizens in European countries have been warned not to buy tires over 6 years old but we haven't. And people wonder why there are lawsuits from defective products. It drives me insane when I hear corporate spokesman sit there and say there is not a problem despite that numerous car accidents deaths caused by tires loosing their treads. Especially when the owners believed they had safe new tires.

Protect yourself and your family by making sure to check the age of your current tires. If they're older than 6 years old you probably need to replace them. And when you buy new tires make sure the tires that are actually installed are as new as possible. I'd recommend buying tires that are no older than 3-4 years old. Better safe then seriously injured in a tire failure car accident.

2009 Motorcycle Fatality Statistics

Max@ScottMcDonaldLaw.com (Blog Author)27527 — Mon, 01 Mar 2010 08:00:00 EST

In the State of Washington during 2009 there were 69 fatalities related to Washington motorcycle accidents. The Evergreen Safety Council compiled the following numbers from the Washington Department of Licensing and the FARS report. Some of the contributing factors to 2009's fatal motorcycle accidents include:

Alcohol:

23 of 69 fatalities (33.3%) had a BAC level of .08% or above

Drugs:

23 of 69 Motorcycle fatalities (33.3%) were impaired by drugs

No Helmet:

9 of 69 Motorcycle fatalities (13%) were not using helmets or used helmets improperly

Lack of Endorsement:

13 of 62 Motorcycle drivers (20.9%) did not have a motorcycle endorsement

Speed:

39 of 62 motorcycle drivers (62.9%) were speeding

43 of 62 of motorcycle fatalities (69.3%) died in crashes involving speed

Training:

45 of 62 motorcycle drivers (72.5%) had no motorcycle safety training.

Obviously riding a motorcycle while under the influence of alcohol or drugs is highly dangerous. The dangers are more so because you're on a motorcycle with much less room for error than when in a car. Washington laws require you to wear a helmet when riding a motorcycle. Helmets save lives, I'm sure the number would be higher without this law. The stats also seem to support the old saying "speed kills." When over half of the yearly fatalities involve speed as a factor that is concerning. Riding the speed limit seems to be a quick way to save a huge number of lives.

Does having a motorcycle endorsement on your driver's license and/or taking a motorcycle safety class mean you are less likely to be involved in a fatal Washington motorcycle accident? Maybe, maybe not. But the endorsement is required under Washington law and safety courses will only make you a better rider. There may not be an absolute direct link to failure to have either an endorsement or training, but being better educated about the rules of the road and how to ride safety can't be a bad thing.

Your family is probably already scared that you may be killed riding your bike. I know my mom and my wife fear the worst whenever I'm out riding. Don't become one of these statistics this year. Use common sense, ride within your limits, watch out for other vehicles as they probably don't see you, and ride safe!

Max Meyers

Toyota Facing Multiple Product Liability Lawsuits from Gas Pedal

Max@ScottMcDonaldLaw.com (Blog Author)26938 — Thu, 18 Feb 2010 08:00:00 EST

Victims wrongfully killed by Toyota gas pedal problems have started suing the car maker. A wrongful death claim happens when a product or negligent person causes the death of another person.

There are many other legal grounds to hold Toyota accountable for their total failure to fix the accelerator defect they knew about for years. Other lawsuits have been started to address the Toyota vehicle defects.

Some of the legal claim asserted so far include:

1. Wrongful Death
2. Defective Product claim
3. Product Liability Law violations
4. Negligence claims
5. Fraud
6. Breach of Warranty

Several cases have been filed in various federal courts and we can expect them to seek class action status. However, the family's who suffered the death of a loved one due to a defective Toyota car should assert their own individual case in their local court system.

I can't wait to see all of the fall out from a corporation choosing profits over people. When a company chooses to not recall vehicles, it's almost always a money decision. What do you think a jury is going to think about that when it results in the death of 34 people and counting?

How Do You Stop a Car with a Stuck Gas Pedal? l Video demonstration

Max@ScottMcDonaldLaw.com (Blog Author)25832 — Thu, 28 Jan 2010 08:00:00 EST

Learn how to stop a car with a stuck gas pedal by watching this video.

If you have been injured in a Washington car accident because your car's gas pedal stuck you need to seek the advice of an attorney as soon as possible. Automotive Product Defect claims require special handling. An investigation of the accident scene and defective vehicle needs to be done promptly. The defective vehicle needs to be secured in an unaltered state to preserve important evidence that may be key to your product defect case. If you think you may have a product defect case call the experienced Washington Car Accident Attorneys at Scott McDonald And Associates, 425-822-5700 or email at Info@ScottMcDonaldLaw.com.

Are you Driving a Ticking Time Bomb?

Max@ScottMcDonaldLaw.com (Blog Author)25791 — Wed, 27 Jan 2010 08:00:00 EST

Toyota stopped sales on ten popular cars and trucks because of problems with the gas pedal sticking. No recall has been issued yet because they don't know how to fix it. Engineers at Toyota are working on the fix, but nothing has been released yet.

The affected vehicles included:
2009 - 2010 Rav4
2009 - 2010 Corolla
2007 - 2010 Camry
2009 - 2010 Matrix
2005 - 2010 Avalon
2007 - 2010 Tundra
2008 - 2010 Sequoia
2008 - 2010 Highlander
2009 - 2010 Venza
2009 - 2010 Pontiac Vibe

Toyota claims it is not aware of any accidents caused by the gas pedal sticking, but could not rule them out either. Their are reports of many car accidents that have resulted in fatalities associated with this problem.

What's troubling is that Toyota has been aware of this issue for at least a couple years and not done anything to fix it. They know the defective gas pedal comes from one particular parts supplier but had not stopped using the part. Crazy! It's sad when a big company sits on their hands when they know or should know they have a defective product out there hurting people.

My wife and I experienced a similar gas pedal problem last year. My wife's car (2007 Chevy Equinox) had a gas pedal sticking problem in 2008. After five trips to the repair shop over twelve months for a total of 59 days in the shop Chevrolet and its engineers could not fix or even find the source of the problem. We were told to just wait and see if it got worse. Ya right!! Lemon laws cover this exact type of situation.

We filed a Lemon Law notice with Chevrolet and after a bit of brow beating they bought the car back. We got most of our money back because we saved of money and paid for the car in full when we bought it. That is not always the case.

When you finance a new car and put little money down, you may find yourself owing more money than you can refunded under the Lemon Law calculations. If that is the case, then you can request the auto manufacturer provide you with a new replacement car. The replacement car should be new in the same year, make and model of your problem car. This is car makers preferred method of dealing with lemons.

Getting a car manufacturer to repurchase a vehicle takes patience, strong will and a willingness to take your case to arbitration if needed. Documentation is also key. You can find a great Washington Lemon Law information guide on the Washington Attorney General website. Washington's Lemon Law only applies to new car sales, it does not apply to used car sales.

If you or a loved one have been injured in a Washington car accident caused by a gas pedal sticking in your Toyota please give me a call. Product liability claims require special handling and up front investigation of the vehicle before it is altered, repaired, or disposed of in a junkyard.

Max Meyers, Esq.

Walking and texting dangerous? l Kirkland WA Pedestrian Injury Attorney

Max@ScottMcDonaldLaw.com (Blog Author)25258 — Tue, 19 Jan 2010 08:00:00 EST

Walking and texting or talking on your cell can be dangerous. Reports show increases in pedestrian injuries in recent years from talking and texting while walking. Distracted driving has received a lot of attention lately, but it's not the only area affected by the ever present cellphone. Distracted walking is out there too.

People walk into parked cars, light poles, trip over roots in sidewalks, all while engrossed in a cellphone conversation or writing a text. A little over 1,000 pedestrians visited emergency rooms in 2008 because they got distracted, tripped and fell or ran into something while talking or texting on a cellphone. Which was double the numbers in 2006 and 2007 according to a study conducted by Ohio State University.

Examples in the OSU study included a 16 year-old who walked into a telephone pole and got a concussion; 28 year-old man who tripped and broke a finger, and a 68 year-old man who fell off a porch, spraining a thumb and ankle, all while using a cellphone.

A Western Washington University study found that using phones decrease awareness and cognition. The study did a test involving a person dressed up as a clown riding a unicycle riding around a central campus square. About half the people walking the the square by themselves said they saw the clown; the number was a little higher for people walking in pairs. But only 25% of people talking on a cellphone said they saw the clown. A term commonly applied to this is "inattention blindness," meaning a person can be looking at an object but fail to register it or process what it is.

Scary concept when you think about the driving distracted scenario!

How Many Years In Jail Can You Get For Road Rage Driving?

Max@ScottMcDonaldLaw.com (Blog Author)24757 — Sat, 09 Jan 2010 08:00:00 EST

The answer in Los Angeles, California is 5 years. We previously blogged about a LA doctor, Christopher Thompson, who dynamited his brakes in front of two bicyclists following an argument between them. One of the bicyclists ended up with his head through the back window of the Dr.'s car. He was convicted of 6 felonies following a trial in November 2009. The sentencing on the felony convictions took place Friday and amounted to 5 years.

It's good to see such a good precedent being set in California for such bad behavior. Cars often don't like to get caught behind a couple of bicycle riders. But bicycles have a right to use the roads too. The incident in LA happened on a curvy 5 mile road popular with bicyclists. I imagine a road similar to Juanita Drive, a local road that runs about 5 miles between Kirkland and Bothell. Luckily, Juanita Drive has nice fat shoulders for bicycles to ride on. The road in LA did not apparently.

The LA judge called the case a "wake-up call" to motorists and cyclists. He also urged local cities to installed more bike lanes. We are lucky here in the Seattle area to have one of the highest number of bike lanes in the country.

Negative bias against sharing the road with bicycles is common even here in Seattle, but a little patience and understanding can save a biker from serious injury and you from serious jail time.

Seattle Scooter Accident Settles for $7 Million l Washington Motorcycle Accident Lawyer

Max@ScottMcDonaldLaw.com (Blog Author)24680 — Thu, 07 Jan 2010 08:00:00 EST

King County Metro recently settled a Seattle motorcycle / Vespa scooter accident case for $7 million one day before trial was to begin.

Elizabeth Newman was broadsided by Metro van in November 2007 as she rode her Vespa scooter to work. The Metro van blew through a stop sign at an intersection in Seattle failing to yield to Ms. Newman's right of way. The impact with the van threw Ms. Newman 40 feet. Ms. Newman suffered sever injuries (likely a sever head injury) that left her in a coma for several days following the scooter accident. I don't know for sure, but it's my guess that she was wearing a helmet and that helmet saved her life. She also suffered compound fractures to both legs. Ms. Newman has not yet been able to return to work as a Swedish Hospital operating room nurse.

Cases like this are why Washington bikers need an experienced Washington Motorcycle accident attorney on their side when severely injured in an accident. King County Metro and/or its insurance company refused to offer an acceptable settlement until the day before trial was to begin. Ms. Newman was forced to go through all the hassle and expense of a lawsuit to force Metro or its insurance company to do the right thing.

When dealing with a motorcycle or scooter accident case it is not uncommon for defendants and their insurance companies to use deny, delay and refuse tactics in an attempt to wear out the already traumatized injury victim. Defendants often try to make the injury claim process as long, frustrating, stressful, expensive and privacy invading as possible in hopes you'll buckle under the pressure and take the small settlement offers they make. Don't fall for these types of slimy tactics.

The best place to start after you've been injured in a Washington motorcycle accident is by ordering our FREE book "7 Biggest Mistakes That Can Wreck Your Washington Motorcycle Accident Case." By doing a little research and getting some education on the motorcycle injury claim process you can make an informed decision on who to hire for your motorcycle accident case. Every case does not need an attorney. However, cases like Ms. Newman's most certainly do.

Uncontrolled Intersections - Who Has the Right of Way?

Max@ScottMcDonaldLaw.com (Blog Author)24612 — Wed, 06 Jan 2010 08:00:00 EST

When an intersection does not have a traffic light, stop sign, or other traffic control device who has the right of way? Seattle car accidents happen because drivers don't know the answer to this question. A 3 year-old child was ejected from a child car seat following a Seattle car accident at an uncontrolled intersection early this week.

Video clip with Seattle PD at scene.

The car accident happened near Pratt Park. A car and a full-size van approached the intersection at the same time, the car was traveling northbound and the van was heading westbound. The car was on the right of the van.

Washington state law under RCW 46.61.180 says "When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right." In this accident, the driver of the van had the duty to yield to the car. He was negligent in failing to do so and is now liable for the all damages caused to the car and its passengers. The car had two adults, the 3 year-old child, and another child of unknown age. Three of the car passengers suffered life threatening injuries.

The full-size van hit the car with such force that the car was spun around into the oncoming lane of travel where it was hit by a mini-van. The mini-van will likely have no fault in the wreck. Hopefully, the full-size van had adequate insurance to cover the serious injuries suffered by the car passengers.

Can a City Be Sued when a Car Kills a Pedestrian in a Crosswalk?

Max@ScottMcDonaldLaw.com (Blog Author)24464 — Mon, 04 Jan 2010 08:00:00 EST

A Washington court has cleared the way for a family of man killed in a dangerous Seattle crosswalk to move their Washington wrongful death case to trial. Run Sen Liu was killed in a Seattle crosswalk when he was hit by a car in 2007. Mr. Liu had almost reached the other side of the five lane street when he was hit by the car. Mr. Liu was in a coma for 2 years and his medical bills are over $1 million.

The Washington Court of Appeals has ruled that when a city knows about a dangerous crosswalk from past injuries including fatalities in a particular crosswalk, then a jury may decide whether the city is partially at fault for another death that happened in the dangerous crosswalk.

The court in its ruling is allowing the jury to answer whether the particular crosswalk was dangerous, and if so, whether the City of Seattle was at fault for failing to make it safer. The fatal accident involving Mr. Liu was the second at the crosswalk in question.

The court stated a "[city] has a duty to all travelers to maintain its roadways in conditions that are safe for ordinary travel." This includes pedestrians in crosswalk on those roadways. The crosswalk in question was at an intersection that did not have a stop light or stop sign, only an overhead crosswalk sign. In 1999 the city installed a center pedestrian island to help pedestrians cross the busy street. In 2002 the island was removed at the request of a local business. There were no reported crosswalk injuries during the time the island was in place.

The case will likely hinge on whether the jury believes Seattle had a duty to keep the island in place or replace it with some other safety device. If so, then Seattle will share in the blame for Mr. Liu's tragic death.

You may wonder why Seattle is even being sued. Although, I don't know the specific facts of the case, it is not uncommon in high value cases to look to at other potential defendants because of the large damages associated with wrongful death claims. With $1 million in medical bills it's likely the at fault driver does not have enough car insurance to pay the medical bills, let alone the lost income Mrs. Liu has suffered from the premature death of her husband, and the emotional loss and support that Mrs. Liu and her children have suffered as well. It's is not uncommon to see Washington wrongful death jury verdicts of several million dollars in cases like Mr. Liu's.

The City of Seattle has the right to appeal to the Washington Supreme Court. It'll be interesting to see what happens with this case.

Drivers use Twitter to Avoid DUI Checkpoints

Max@ScottMcDonaldLaw.com (Blog Author)24170 — Tue, 29 Dec 2009 08:00:00 EST

More and more drivers are using Twitter, text messages, Facebook, and iPhone apps to avoid DUI checkpoints after a night of drinking. Is this right or wrong?

Although Washington law does not permit DUI checkpoints (yet) like other states, is broadcasting the location of DUI checkpoints or police enforcement locations the proper use of social media? Police argue against it, saying the purpose of DUI checkpoints is to deter more than catch drunk drivers. Broadcasting checkpoint locations defeats the deterrent effect. Those for it argue, that police run ads promoting their use of checkpoints and to not drive drunk, so using Twitter, Facebook, or an iPhone app to broadcast locations of those checkpoints is no different.

Does this promote drinking primarily among young drivers is one question? Young people are the first to pick up and use new technology, and they are a large part of the population that may be out drinking and driving at least on weekends. Driving drunk car lead to serious injuries in a Washington car accident. In my opinion it does not promote drinking and driving.

First, all ages use Twitter and Facebook, it's widely accepted as part of our social interaction today. Second, everyone other person, at least here in Washington state, has an iPhone or smart phone. You can't stop the march of technology, law enforcement needs to keep up. Lastly, this is an age old battle made more difficult by technology. Drinkers have long passed information about the best way to drive home to avoid the cops. Using a Twitter or Facebook post about the location of the cops is no different, it just has the potential to reach more people.

What's the solution? Depends upon what you think DUI penalties should be. I believe we need much harsher penalties for DUI's to actually make a dent in stopping people from drinking and driving. Drive drunk and your car is seized and sold, while you sit in jail for a month. Think that may get people to call a cab? I do.

Drive safe!

Max Meyers, Esq.

Injury Victims Get The Shaft While Insurance Companies Get Rich

Max@ScottMcDonaldLaw.com (Blog Author)23887 — Wed, 23 Dec 2009 08:00:00 EST

A new report from the American Association of Justice (AAJ), "Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse." details how insurance companies use policies and practices that put profits over people. You have been a loyal customer of your car/health insurance company for many years, but the minute you file a claim how will you be treated? Below is a list of common tactics you can expect to confront when you are an injury victim seeking payment from a car insurance company.

1.   Deny Claims: This is the most common tactic and regularly used by all insurance companies, including Allstate, Farmers and State Farm. Denying claims allows insurance companies to up their bottom line by holding on to their money as long as possible. Some insurance companies have gone as far as putting incentives in place for employees who successfully deny valid claims.

2.   Delay Until Death: Many insurance companies deny a valid claim hoping the injured victim will die before it has to pay, or become frustrated and give up or settle for less. Injury victims need to be patience, confident and strong willed to fight such tactics.

3.   Confuse Customers: Ever looked at your insurance policy contract and come away utterly confused, you're not alone. Attorneys find them confusing at times. Insurance companies use dense and complicated language to confuse and discourage their customers.

4.   Discriminating by Credit Score: More and more insurance companies use your credit score to determine the amount you pay each month. Lower credit score = higher monthly premium.

5.   Abandoning the Sick: Health insurance companies cut costs by canceling policies of people with illnesses that have become too expensive to treat. This targets patients when they are most vulnerable and at need. Companies have gone as far as to target cancer patients for cancellation. Some companies even offer employee bonuses for meeting "cancellation goals."

6.   Canceling for Asking a Question: Many people call their insurance company and ask if making a small claim will raise their insurance rates without actually making the claim. However, just the asking the question is enough to raise your rates later. The insurance companies don't care whether you made a claim, but that there was a potentially claim. At renewal time you can find a rate increase or even cancellation.

Be sure to protect yourself by doing your insurance policy homework and download a copy of our FREE guide, The Guide To Buying Car Insurance In Washington.

Drive While Texting, Go To Jail? l Seattle Car Accident Lawyer

Max@ScottMcDonaldLaw.com (Blog Author)22451 — Wed, 25 Nov 2009 08:00:00 EST

Driving while texting (DWT) is all too common on Washington roads. It's been illegal for over a year now, but the new law does not seem to have stopped the countless drivers I see texting while driving every week. These texting drivers are distracted and dangerous.

Texting while driving has been shown in studies to be as bad as driving drunk. When you're thumb is pounding out that text, your level of distraction is as if you were drunk with a 0.08 BAC. Scary right?

Given this shouldn't the same penalties for DUI apply to DWT? One of the mandatory penalties for a first offense DUI in Washington is a minimum of one day in jail with a maximum of one year in jail. Another mandatory DUI penalty is the loss of your driver's license for 90 days. The current penalty for DWT in Washington is a fine of $101.00, that's it. Does this make sense?

Serious injuries often result from Washington car accidents caused by texting drivers. What if a semi-truck or other large commercial truck driver was distracted by texting, the resulting accident could be catastrophic. According to the NHTSA in 2008 nearly 6,000 people died in U.S. car accidents involving distracted drivers. Perhaps a day or two in jail or temporary loss of driver's license will be enough to deter drivers and make them take the danger posed by texting seriously.  In my opinion the danger posed by distracted drivers justifies increased penalties for DWT.

Alaska has already taken this step as have India and Malaysia. Alaska's DWT law imposes the same penalties as its first offense DUI.  Alaska's DWT law is fairly new, so it's too early to know if it has reduced the number of accidents caused by DWT. I'm sure many states will be watching intently.

In the fatal accidents caused by DWT prosecutors are already pursuing jail time. In case after case we are seeing serious criminal charges being filed fatality car accidents involving DWT. If you cause a car accident that results in someone being killed and the cause of the accident was your texting while driving, Lord help you. The trend is towards harsher and harsher punishments including longer and longer jail sentences.

Do yourself and other drivers a favor, turn off your cell phone when you drive. If everyone did that we could save thousands of lives each year in the U.S. alone.

Safe driving!

Max Meyers, Esq.

Is Seattle One of The Most Dangerous Cities for Pedestrians?

Max@ScottMcDonaldLaw.com (Blog Author)22107 — Thu, 19 Nov 2009 08:00:00 EST

The quick answers is no, the Seattle - Tacoma - Bellevue area is actually one of the safest metro areas for pedestrians according to a new study by transportation For America. When you compare the numbers of pedestrian deaths per year against the amount of people who walk regularly, Seattle - Tacoma - Bellevue area is 48 out of 52, with only for other cities over 1 million being safer. Your chances of avoiding a Washington pedestrian accident is better than other parts of the country.

Here are some sobering facts: Over 76,000 Americans have been killed while crossing or walking along U.S. streets; More than 43,000 of those - including 3,906 kids under 16 - have been killed in the last 10 years. This is like a jumbo jet crashing every month, but nobody hears about this tragic situation on America roadways.

Pedestrian are often hit by cars, which is labeled as an "accident." Fault is contributed to one or both the car and pedestrian. Surviving spouses and children often have wrongful death claims that arise following a fatal pedestrian accident. If you are in this tragic situation, please seek the advice of an experienced Washington wrongful death attorney. You have enough on your plate, and need someone who can fight for your loved one while you go through the grieving process.

However, there is a dirty little secret in the numbers. In fatal pedestrian accidents an overwhelming proportion share a similar factor: The accident happened along roads that were dangerously designed, streets were designed for fast movement of vehicles with little consideration for pedestrian, bicycles or even wheelchairs.

Walking on streets without sidewalks or crossing intersection without crosswalks is much more dangerous for pedestrians. Especially in areas where there are lots of cars, like strip malls and other shopping centers, business centers, and apartment complexes. More than half of the studied fatal accidents happened on wide, high capacity, high speed streets that had no sidewalks, little street parking and few trees.

Luckily we live in a state that is fairly pedestrian and bicycle friendly. Sidewalks, crosswalks, bike lanes, and trail systems all help to keep walkers and bicyclists safe. There's nothing worse than losing a loved one or child in a fatal pedestrian accident. Please keep supporting the expansion of designated pedestrian and bicycle areas on all Washington streets and roadways.

LA Road Rage Driver Convicted of 6 Felonies l Seattle Bike Lawyer

Max@ScottMcDonaldLaw.com (Blog Author)21113 — Wed, 04 Nov 2009 08:00:00 EST

A Los Angeles County jury found a car driver guilty of six felonies following a July 2008 incident where the driver had a violent altercation with two bicyclists. The driver slammed on his brakes in front of the bicycle riders causing serious injuries to both bicyclists. The driver became angry at the bicycle riders as he drove down a windy canyon road in the Los Angeles area. He was having difficulty passing the bikes.

The car driver Christopher Thomas was an emergency room doctor in Los Angeles. He had a prior history of conflicts with bicycle riders. It was clear from his reported statements that he believed bicycles should not be on the road and needed to get the hell out of his way. He made it a point to teach these bike riders a lesson. Well, who was taught the lesson here?

Thomas had been out on bail, but the judge revoked bail and Thomas was place in jail immediately following the guilty jury verdict. Thomas is no longer an ER doctor and does not live in the LA area. He is likely to lose his medical license as a result of the felony convictions. Thank God! Any doctor that is okay with trying to seriously hurt a bicycle rider with his car should not be permitted to practice medicine.

Thomas faces a maximum of 10 years in prison at his sentencing in a few weeks. But as a first time offender he likely will not receive the maximum.

It is not okay to use your car as a weapon no matter how frustrated you get with a bicycle rider, motorcycle, or other vehicle driver. Follow the Golden rule...Treat others how you would want to be treated!

Motorcycle Riding in Wet Weather

Max@ScottMcDonaldLaw.com (Blog Author)20376 — Wed, 21 Oct 2009 08:00:00 EST

Found an interesting article at SoundRider.com about riding motorcycles in wet and cold conditions. Great observation made by Dave Preston, 85% of the problems with riding in the wet melt away once you have the right clothes and are dry and warm. Amen to that!

Check out the article for more good advice on riding in the rain. The advice in the article can also help you avoid being involved in a Washington motorcycle accident during the wet weather months here in the Pacific Northwest.

5 Tips for Safe Motorcycle Riding in Washington Winter

Max@ScottMcDonaldLaw.com (Blog Author)20150 — Fri, 16 Oct 2009 08:00:00 EST

Normally by the time you flip the calendar to October the foul weather has arrived in Washington state. However, does that mean you have to put the bike in the garage until spring, of course not. Some hardy souls say "There's no such thing as bad weather, just bad gear." It's that kind of attitude that allows you to keep riding even when the conditions are not ideal.

However, riding a motorcycle in bad weather requires the right equipment, good judgment, and safe riding skills. Without these three things you could find yourself in a Washington motorcycle accident with serious injuries.

Here are a few tips for riding your motorcycle in Washington this Fall and Winter.

Never ride on snow or ice. Snow and ice are especially dangerous for two wheeled motorcycles and should be avoid at all costs. If the weather forecast calls for freezing temperatures or snow, take the car.

Sit out the first 30 minutes of a rain shower. Excess dirt and debris can be on the road if it hasn't rained in a few days. This can make the road extra slippery in the first 30 minutes of a rain shower. If you're riding and it starts to rain, find a safe place to pull over and wait 30 minutes. Give the dirt, oil and other debris a chance to wash away.

Avoid wet leaves on the road. When the trees lose their leaves they can quickly become smashed flat on the road. Add a little water and those leaves become very slippery. Pay attention to changes in color of the pavement ahead. This can be an indication of leaves on the roadway. Wet leaves on a road are very dangerous and should be avoid if at all possible.

Get some heated riding gear. Cold is dangerous for riders not properly geared up. Windchill can be freezing in the Fall/Winter and if you're not careful you could be flirting with hypothermia before you know it. Heated riding gear is a must for cold weather riding. Heated hand grips and seats are also available on many motorcycles. If you're thinking about how cold you are, it can be difficult to focus on riding safely.

Dress to be seen. Visibility is key. Cars have a hard time seeing you on a clear day, imagine if it's cloudy, grey and raining. Recipe for invisibility is not wearing bright colors. Reflective materials on jackets or vests is even better. The more visible you are to other vehicles the better your chance of not being hit.

What Causes More Deaths in Washington: Car Accidents or Drugs?

Max@ScottMcDonaldLaw.com (Blog Author)19378 — Thu, 01 Oct 2009 08:00:00 EST

Surprisingly, drugs now cause more fatalities in Washington state than do injury car accidents. For decades, vehicle accidents have been the leading cause of injury-related deaths in Washington state. But drug overdoses have now pulled ahead.

According to Margaret Warner of the CDC people view car accidents as something that might happen to them. But death from a drug overdose is something people rarely believe will happen to them. However, that statistics are proving otherwise. Cocaine and heroin continue to be significant killers, but most of the increase is due to prescription opiates like methadone, Oxycontin and Vicodin.

Wrongful Death Damages Enhanced for Dependant Parents l Seattle Wrongful Death Attorney

Max@ScottMcDonaldLaw.com (Blog Author)18595 — Fri, 18 Sep 2009 08:00:00 EST

A new case from the Washington Supreme Court has enhanced damages available in Washington wrongful death claims.  Elderly parents who are dependant on their adult children for certain services may now recover funds for those services that the child will no longer perform.

The court ruled that services that adult children perform for their dependant parents; like driving them to appointments, help reading, glucose monitoring, injections, may be calculated as part of compensation owed in a wrongful death claim. When a child is gone a parent will likely have to pay someone to do what the child once did for free or live a less full life without the services. The parent clearly suffers a monetary loss when this happens.

In the past parents who filed a wrongful death lawsuit following the death of a child could only recover the monetary benefits the child provided to the parent, which were actual cash the child paid to the parent or on behalf of the parent.  There was a catch 22 in the calculation of damages. If the child paid someone else to drive the parent around or take care of the parent, that could be included, but if the child did those things herself then they were not included.  But now the court has fixed that catch 22, a value may be assigned to the lost services the child previously provided and the cost of getting those same services in the future may be awarded in a Washington wrongful death lawsuit.

As Kirkland wrongful death attorneys we applaud the court for fixing this loop hole in the law. Dependant parents should be awarded money for the lost services of their kids if justified in a wrongful death case.

What would you do if you were paralyzed in a hit & run bike accident? l Washington Spine Injury Attorney

Max@ScottMcDonaldLaw.com (Blog Author)18391 — Tue, 15 Sep 2009 08:00:00 EST

A retired neurosurgeon and 72 year old bicycle rider, Ross Bornfleth of Yakima, Washington, came very close to having to answer that horrifying question. In early September Ross was riding his Trek road bike in the West Valley on Wide Hollow Road when a car tried to pass him and hit him from behind. Ross was sent flying by the impact and landed in the road badly injured. As Ross laid in the middle of the road he watch as the vehicle's brake lights came on for a few seconds as if the vehicle was stopping, and then it sped off leaving him lying in the road with broken bones and in pain.

Ross' injuries were severe. He suffered fractures to his pelvis, scapula, and clavicle and is confined to a wheelchair for six weeks. Luckily, Ross will be able to get up out of that wheelchair and walk again. But what if he was not so lucky? What if the wheelchair was permanent?

The hit & run driver fled his responsibility taking any insurance coverage with him. Ross has been left to pay all of his own medical bills and expenses for his severe bicycle accident related injuries. What are his options? If Ross had downloaded our report "The Guide To Buying Car Insurance In Washington" then perhaps he had maximized his Uninsured Motorist (UIM) coverage and Personal Injury Protection (PIP) coverage on his own car insurance.

PIP insurance would pay for Ross' medical bills up to the policy limit, which is usually $10,000 but sometimes can be as high as $35,000. If that is not enough then Ross will have to look to his health insurance to pay the remaining bills. If he has no health insurance then he will have to pay the bills out of his own pocket until he has completed his injury treatments. Ross' last option will be to seek compensation through his UIM insurance.

We almost always recommend that you wait until you have finished injury treatments and healed from your injuries, either totally or as much as possible, before making a Uninsured Motorist (UIM) coverage claim. Why? Because UIM coverage by design takes the place of the at fault driver which is an adverse relationship. UIM generally will not pay medical bills as you treat and the bills are incurred. UIM will only pay one lump sum to settle the whole claim at once and pay all bills and expenses. Because of this you want to wait until you're healed and know exactly how much treatment your injuries require before closing your UIM claim.

UIM insurance pays for more than just medical bills. It pays for any future care that may be needed. If you were left paralyzed you may need daily care from a nurse or other medical care person. You may not be able to work at your job any longer, losing all your future income from your chosen career.  You may have been left with a certain amount of daily pain that will not be going away and you will live with for the rest of your life. UIM insurance is designed to pay for all of these things and others.

The short answer to our initial question hopefully for you is "I will make a UIM claim to pay for all the damages that I suffered and the care I will need in the future."  Hopefully, you purchased as much UIM coverage as possible to deal with this worst case scenario.

For more information and recommendations on what insurance coverages to buy to best protect your family please download our report The Guide To Buying Car Insurance In Washington.

Binge Drinkers Like to Drive, 1 in 10 Drive after a Binge l Washington DUI Injury Accident Lawyer

Max@ScottMcDonaldLaw.com (Blog Author)17832 — Tue, 01 Sep 2009 08:00:00 EST

Ten (10%) percent of binge drinkers drive after a heavy drinking session a new study from the CDC reports. Half of those left from a bar, restaurant or nightclub after drinking five or more drinks. So if you're driving late on a weekend, be extra careful a binge drinker is likely on the road with you.

The study is the first to try and measure the likelihood of someone driving after binge drinking. It's studies like this that justify the need for extra police patrols on weekends. Binge drinking is a main factor behind the more than 11,000 death annually from alcohol-related car accidents according to Dr. Timothy Naimi, an epidemiologist with the CDC.

Many of our clients have been injured in a car accident caused by a drunk driver. However, one of the dirty little secrets of insurance companies is that they fight tooth and nail to keep out any mention of the fact that their customer was driving drunk. They never want the truth about their customer to come out in front a jury, but they often also don't want to pay fair compensation for your injuries. They want their cake and eat it too.

I wish their was better news on this one but, often times judges keep out evidence of intoxication because they believe it may too prejudicial to the defendant. In other words, they fear the jury will punish the defendant for driving drunk or be more likely to think negatively of the defendant because of this. The only exception being that if you have suffered emotional trauma, like reoccurring nightmares about being injured by a drunk driver, and received medical treatment for those nightmares then sometimes you can talk about the drunk driver issue. But this is rare and the insurance company will do everything in its power to prevent it.

Personally, I believe if you drive drunk and hurt someone as a result then the jury should be able to know that you ignored the law and hurt someone as a result of your gross negligence.

Drive safe!

Max Meyers

Comatose Victim Chris Harris' Family Files $25 Million Claim Against Seattle

Max@ScottMcDonaldLaw.com (Blog Author)17566 — Thu, 27 Aug 2009 08:00:00 EST

Chris Harris was severely injured in a Seattle Police arrest back on May 10, 2009. Harris has been in a coma since and doctor's say there is little hope he will come out of it. His wife, Sarah Jorgenson, took the first steps this week to begin a civil case against the Seattle Police Department.

The brutal injury has left Harris with permanent brain damage and he will require life long care. His medical bills are already approaching $1 million.

Although prosecutor's elected to not file any criminal charges against Seattle Police Officer Matthew Paul, that does not mean that he was not negligent. Harris was injured due to a mistaken identification from a fight earlier that evening. Paul's conduct might not have risen to the level of a crime, but it may meet the legal elements of negligence, excessive use of force, or another civil cause of action.

Questions surround whether or when Seattle Police identified themselves to Harris. It's also worthy of note, that the two police officers who chased Harris were not dressed in typical uniforms. Officer Paul and his partner wear wearing all black commando or swat team type gear. Harris may not have perceived them as police at all but rather threats to his safety. These issues will likely be front and center in the coming civil lawsuit.

The City of Seattle has 60 days to respond to the claim filed by Harris' family. If the City of Seattle fails to respond then the Harris family may file a lawsuit seeking damages for the incident that led to Harris' catastrophin injuries.

Bicycling Made Easier by Pavement Markings in Redmond and Kirkland l Kirkland Bike Attorney

Max@ScottMcDonaldLaw.com (Blog Author)17550 — Thu, 27 Aug 2009 08:00:00 EST

As a bicyclist in Redmond and Kirkland, Washington have you ever had problems triggering traffic lights to change? Well the cities of Redmond and Kirkland have started a new pavement marking program to make your life easier.

The new pavement markings are designed to help Washington bicyclists know where to stop so that the traffic light will "see" or sense you. A bicycle symbol is paint on the road, and when you stop on it the traffic light is activated. So you should not have to sit through endless light cycles hoping a car comes up behind you to trip the light.

Kirkland is painting the markings at seven locations between Carillon Point and Juanita. They will also be located on portions of 150th Avenue NE in Redmond.

Both cities are piloting this project and would like feedback. To report signals in Kirkland that don't detect bicycles, email at publicworks@ci.kirkland.wa.us or call (425) 587-3800.

Carbon Bike Fork Failure Can Cause Serious Injury

Max@ScottMcDonaldLaw.com (Blog Author)17549 — Thu, 27 Aug 2009 08:00:00 EST

An attorney friend, Mike Schafer, has an interesting blog post at his The Kentucky Accident Attorney blog about carbon bicycle fork failure.

Apparently, carbon forks can become stressed by hitting potholes, running into a curb or normal wear and tear, which can lead to fork failure where the fork can unexpectedly break during a ride. Given the state of many of the roads around Washington especially here in King County, that's scary. You can imagine the type of crash which would result from a broken fork.

Check out Mike's article. You may also want to check or have a professional check your carbon bicycle fork for signs of stress from time to time.

Kirkland Man Driving 100 mph Causes Bothell WA Car Accident, Injures 6 in Minivan l Bothell Car Accident Attorney

Max@ScottMcDonaldLaw.com (Blog Author)16937 — Fri, 14 Aug 2009 08:00:00 EST

A Kirkland, WA man, Geoffrey Goddard, was reported driving over 100 mph on I-405 near Bothell, Washington on June 12, 2009. Goodard smashed his Dodge Dakota pickup into the rear of a Mazda minivan carrying two women and four children. The force of impact was so great the minivan was thrown across four lanes of traffic onto a dirt median where it flipped over on its roof. Goddard is suspected of driving drunk.

All six passenger were taken to hospitals with injuries, and two of the children had possible broken bones. Goddard was also injured and taken to Evegreen Hospital. When police arrived to question Goddard he ran from the hospital naked. He left his close and ran out across the parking lot naked.  Are you kidding me, he had to be drunk to think that was a good idea.

As Kirkland Car Accident Attorney who has handled many drunk driver caused car accidents I can tell you these types of crazy stories happen far too often. Many times the drunk driver has no car insurance or carries the bare minimum coverage of $25,000. When six people are seriously injured in a 100 mph collision the injury victims are often left paying there own medical bills and any other expenses.

How do you protect yourself and your family from this tragic scenario?  Buy as much Uninsured Motorist (UIM) insurance coverage you can afford. UIM insurance is the best way to protect yourself and your family from dangerous drunk drivers and other minimally insured drivers. The UIM coverage in your car insurance policy is designed so it takes the place of the at-fault driver when he/she has no insurance or not enough to cover your medical bills and compensate you fairly for all that you have to go through when seriously injured. In essence you buy insurance for those who don't or don't buy enough.

You may be wondering how much UIM coverage should you get? As much as you can afford. My UIM policy limits are $1,000,000, which is a lot coverage for not a lot of money. Think about this, driving in your car is probably the most dangerous thing you do almost everyday, and what would happen if you were in a horrible car accident and were not able to work again due to severe injuries. How much insurance money would you need to replace your income and compensate you for your severe life altering injuries.  One million suddenly doesn't seem like a lot given that picture. My suggestion is to have at least $500,000 UIM coverage. This should provide a good cushion if your involved in a catastrophic Washington car accident.

A good place to find a much more detailed look at buying car insurance is our FREE report The Guide To Buying Car Insurance In Washington.

Food for thought!

Texting While Driving is a Very Serious Threat to Safety According to 87% of Public l Seattle Car Accident Attorney

Max@ScottMcDonaldLaw.com (Blog Author)16638 — Sun, 09 Aug 2009 08:00:00 EST

According to a recent AAA survey 87% of people believe texting or emailing while driving is a very serious threat to causing driving safety, second only to drunk driving at 90%. Most people (95%) also believe texting or emailing while driving is unacceptable. As a Kirkland Car Accident lawyer I have many clients who have seen the danger become reality.

Washington state outlawed texting while driving this year. Unfortunately, police cannot pull you over and ticket for texting alone. Police have to have another reason for pulling you over, like speeding or illegal lane change, before they can ticket you for texting. This requirement has minimized the deterrent effect of the law. As long as you're not breaking any traffic laws you are basically allowed to text or email while driving.

The law should be strengthened so police can pull you over for texting alone. However, I fear it will take a tragedy that gains media attention and inflames public opinion before any change to the law will be made. In the meantime you can expect more Washington car accidents to be caused by drivers distracted by text and email messaging.

Sotomayor Confirmed as New U.S. Supreme Court Justice l What Can We Expect?

Max@ScottMcDonaldLaw.com (Blog Author)16587 — Fri, 07 Aug 2009 08:00:00 EST

Justice Sonia Sotomayor was confirmed by the U.S. Senate yesterday clearing the last real hurdle to taking a seat on the U.S. Supreme Court. She will join Justice Ruth Bader Ginsburg as the second woman on the bench. So what influence on the court can we expect from Sotomayor?

Sotomayor will be the first Hispanic and diabetic justice on the court. A diabetic since childhood she takes daily insulin shots to manage her disability. She grew up poor in an inner city housing project and is not a wealthy person now. She is a divorcee without any children but a close extended family. All agree she is extremely intelligent, graduated 1st in her class from Princeton, and recently was a law professor at UNLV.

So what does her background tells about future rulings? Well, it's not hard to guess that the ADA definition of "disability" may get a more broad interpretation than it has now. She lives with a daily disability and knows what it's like to make your way through life with limits other people may not experience. She calls herself an affirmative action baby, and we can expect her to find affirmative action is a good law worthy of continuing. As a member of a minority there may also be an opportunity to influence racial employment related laws, where I would expect to see opinions for expanding or confirming current protections for minorities.

The confirmation hearings have touched very little on her actual viewpoints regarding some hot button issues in the news. Abortion views are always a hot button issue and I would be shocked if Sotomayor was not a pro-choice supporter. However, if she turns out to be pro-life, we could see Rowe v. Wade go down in flames. Many people will be waiting on pins and needles for this one.

Sotomayor should be sworn in in September. It will be interesting to see how the U.S. Supreme Court shapes up with Sotomayor in the mix.

Kirkland WA Motorcycle Accident Results to Fatality

Max@ScottMcDonaldLaw.com (Blog Author)15740 — Thu, 23 Jul 2009 08:00:00 EST

A tragic Kirkland WA motorcycle accident happened last Thursday. An accident between a car and two motorcycles in the Juanita neighborhood of Kirkland resulted in the death of one motorcycle rider and injuries to the other biker. According to Kirkland Police the motorcycle collision happened at 6:35 p.m. at the intersection of 100th Avenue NE and 117th Court. The car driver apparently attempted to make a left turn in front of the motorcycles and hit the on-coming motorcyclists. There were witnesses, and an investigation is on going.

Our condolences go out to the motorcyclist's family. This motorcycle accident strikes close to home as it occurred in our neighborhood, just a couple miles down the street from our office.

The left turn cut-off is one of the most dangerous and unfortunately common causes of motorcycle accidents. Cars think they can beat the on-coming traffic, or worse the traffic will slow for them.

However, when you have two motorcycles coming down the road there will need to be two escape routes for them to take if there is not enough time to stop. It's not uncommon for one motorcycle to be able to avoid a collision, that another bike cannot because of this reason. The second bike ends up in the worst scenario with no escape route and takes the full brunt of the collision with a much larger vehicle. The injuries are often very serious and can be fatal.

With the hot and sunny days of July and August we can expect many motorcycle and bicycles on the roads. Please exercise extra caution around all bikers.

New Online Website Rates Washington Health Care Providers

Max@ScottMcDonaldLaw.com (Blog Author)15491 — Fri, 17 Jul 2009 08:00:00 EST

A new web based tool has been launched for consumers to compare and checkup on Western Washington hospitals and medical clinics. The new web tool is called Puget Sound Health Alliance's Community Checkup, www.wacommunitycheckup.org. It is a report card on 240 medical clinics and two dozen hospitals in Western Washington.

Want to know which local hospital has the best survival rates for heart attack patients? Or which medical clinic has the best track record for treating patients with chronic depression?

Hospitals are ranked on 11 main measures, each with multiple subcategories. Providers are graded on a curve against their regional or national peers or against best-standard bench marks. The checkup report is targeted at providing consumers a broad gauge of quality, not a judgment about which provider is good or bad, according to Health Alliance. That's a politically correct way of saying the data speaks for itself and you be the judge of whether a certain hospital or clinic is good or bad.

I think this is a great service being provided to King, Snohomish, Pierce, Thurston and Kitsap county residents. Patients now have a quick and simple way to check out a hospital or clinic before they make an appointment for medical treatment of any kind. Kudos to Puget Sound Health Alliance.

Attorneys are subject to reviews by consumers on sites like Avvo, why shouldn't medical facilities and even doctors be subject to the same type of public consumer reviews.

Seattle Federal Court Jury Swayed By Wife of Cop Juror in Shooting Case

Max@ScottMcDonaldLaw.com (Blog Author)15029 — Wed, 08 Jul 2009 08:00:00 EST

The plaintiff Nicomedes Tubar in a civil-rights case in Federal Court in Seattle has obtained as many as six sworn statements from jurors in a cop shooting case recently decided against Mr. Tubar. Mr. Tubar was shot by Officer Jason Clift during the investigation of a stolen-car report.

The six juror statements detail how one of the jurors, who was married to a police officer, referenced the fact her husband was a police officer and the training, shooting skills and other procedures he received as a policeman. U.S. District Judge John Coughenour has been asked to throw out the jury verdict and find in Mr. Tubar's favor, or grant a new trial.

This case is troubling for a trial attorney like myself. I often tell my clients that you never know what a jury is going to do once behind the closed doors of the jury room. Juries are given instructions by the judge on what rules they must follow in deciding the case, and for the most part jurors to their very best to follow those rules. However, on rare occasions a juror with special knowledge may ignore those rules and the judge's instructions and push their own improper agenda on the other jurors. When this happens it is called juror misconduct. If that juror is successful in influencing the other jurors improperly the entire trial becomes tainted and a new trial is often needed.

Juror misconduct is a serious problem. Our system of justice relies on the rule of law. We trust jurors will uphold and follow the legal rules required in deciding a court case. If a jury does not do this, then the jury trial is unfairly undermined and our entire system of justice begins to fail.

The U.S. Constitution guarantees a right to a jury trial. It's a founding principle of our justice system. As a U.S. citizen great trust and responsibility is place in you when called to be a juror. You are the foot soldier and foundation of American justice. If you ignore the rules set in place by our elected officials then our country's foundation begins to crumble. That is why it is so important in each and every case everything is done to make sure the jury deliberations are conducted properly.

This case is still developing and it will be interesting to see what Judge Coughenour decides to do.

Seattle Bicyclist hit by Drunk and Killed on Dexter in Seattle

Max@ScottMcDonaldLaw.com (Blog Author)14748 — Thu, 02 Jul 2009 08:00:00 EST

At 10:20 p.m. last night a Seattle man was involved in a fatal bicycle accident on Dexter Way in Seattle, Washington. My sincere condolences go out to this bicyclist's family. The Seattle bicycle rider was crossing Dexter Way when a car exit Aurora Avenue N. and attempted to enter or cross Dexter hitting the bike. The exact details of the bicycle accident are not yet known. The Seattle bike rider's injuries were severe and he died at the scene.

Police at the scene arrested the yet to be identified driver of the car because they observed signs of intoxication. This appears to be another tragic drunk driving related fatality.

Here are 10 Tips for safe bike riding in Washington state.

12 Tips for Parents who need a Hospital for their Children

Max@ScottMcDonaldLaw.com (Blog Author)14537 — Tue, 30 Jun 2009 08:00:00 EST

We have written an article for all you parenting in search of a hospital for your children. No parent ever wants to think about a child falling prey to a illness or serious injury from a car accident or other wise. Unfortunately, more than 5 million children have a chronic condition, which requires regular medical treatment. There are also nearly 22 million visits to ER by families with injuries to a child. So parents have a good chance a child will need a hospital's care sometime during their life.

Choosing the right doctor and hospital requires some care research and asking some tough questions. no matter how good a doctor or hospital is, no one will look out for your child like you. Click here to find the 12 Tips for Finding a Hospital for your Child.

Text Message Causes U of Texas LB to Crash Car - Kirkland Car Accident Lawyer

Max@ScottMcDonaldLaw.com (Blog Author)14505 — Tue, 30 Jun 2009 08:00:00 EST

Text messaging while driving is illegal in Washigton State, which is apparently not the case in Austin, Texas. University of Texas Linebacker Sergio Kindle suffered a concussion after crashing his car into an apartment building because he was looking at a text message on his cell phone. text messaging is a fairly common cause of Washington car accidents.

Sergio Kindle's text message car accident happened on June 24th and resulted in $8,700 in damage. That's one seriously expensive text message!

Washington state drivers have been banned from text messaging while driving since 2008. The fine for text messaging while driving in Washington is about $101. However, the police have to stop you for some other traffic law violation before you can get the texting ticket.

Don't be like Sergio, just put the phone down and drive. The message will be there for you when you arrive at your destination.

Drive Safe!

Bellevue Bicycle Safety Fair | Bellevue Bicycle Accident Lawyer

Max@ScottMcDonaldLaw.com (Blog Author)13507 — Wed, 10 Jun 2009 08:00:00 EST

The 4th Annual Bike Safety Fair takes place in Issaquah on June 13th and Bellevue on June 14th for Elementary school children. Students in kindergarten through 5th grade in Issaquah, Bellevue and Lake Washington School Districts are invited to bring their bikes for some fun and safety training.

The goal is to prevent bicycle accidents. Issaquah and Bellevue police officers will fit kids with helmets and teach the rules of the road. The event teaches the importance of bike safety and always wearing a helmet. Kids will also get to ride through a fun bicycle obstacle course.

Locations:
Saturday - June 13, 2009 - 10am - 2pm
Issaquah Valley Elementary School
555 N.W. Holly St., Issaquah, WA

Sunday - June 14, 2009 - 2-6pm
Lake Hills Elementary School
14310 S.E. 12th St., Bellevue, WA

Nine Injured in Rollover Car Accident on I-5 in Dupont, Washington

Max@ScottMcDonaldLaw.com (Blog Author)13505 — Wed, 10 Jun 2009 08:00:00 EST

Dupont, WA - June 9, 2009 - I-5 freeway

Two kids were left severely injured along with seven other people after a two vehicle accident near Dupont, WA on I-5. All 9 injured people were admitted to local hospitals. The nine people included six kids and two pregnant women all riding in a 8 passenger Ford Explorer.

All 9 people failed to wear seat belts, and none of the children were in child seats. The two most severly injured kids were ejected from the vehicle and found on the highway. They all were lucky that no died, especially the three people ejected from the suv. Seatbelts save lives as do child safty seats.

A Federal Way man caused the car accident that resulted in the Ford Explorer being launched over the jersey barrier rolling into oncoming I-5 traffic. The Federal Way man was arrested for investigation of DUI and attempted vehicluar homicide. The vehicular homicide charge seems to imply the man may have intentionally caused the accident and wanted to hurt the women and children in the Ford Explorer.

Motorcycle Rider Dies When Car Pulls Out on Highway 2 in Sultan, WA

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)12901 — Thu, 18 Feb 2010 08:00:00 EST

Sunny spring type weather means motorcyclists are opening up the garage and taking their bikes for a ride. A Washington motorcycle accident happened yesterday afternoon in Sultan, Washington. A teenage driver pulled out from a driveway in front of the bike, cutting the rider off and causing him to crash badly. The motorcycle v. car crash happened at the intersection of Highway 2 and Rice road.

The motorcycle rider was Bruce Ramsey, a 47 year-old corrections officer at Monroe State Prison. He was a 25 year veteran officer who had risen to the rank of lieutenant. He left behind his wife, Kelly, daughter Jennifer and son Michael. Our sincere condolences go out to the Ramsey family.

The driver of the car was a 16 year-old Marysville, WA girl. She also had a 17 year-old male passenger. Neither of them were reported to have suffered injuries.

This is another tragic Washington biker who has died wrongfully. His family is left with tragedy. Families who lose loved ones as a result of a motorcycle accident caused by the carelessness and negligence of another driver have a wrongful death claim that may be asserted. Nothing can ease a family's pain and the financial burden can be devastating.

That's is why, when the family is over the shock and initial devastation of the loss they may wish to seek legal remedies to soften the financial burden that has resulted. A surviving spouse and children have legal rights against the car driver that caused the fatal accident.

In this case, since the driver was a 16 year-old girl, I pray she had a high amount of liability insurance. She is likely on her parents insurance policy, which usually means their will be more than just the Washington state minimum level of insurance ($25,000). There may not be enough insurance to cover the full damages suffered by the family. In such cases, the motorcycle rider's bike insurance may step in under his underinsured motorist insurance coverage to cover any damages not compensated for by the at fault driver. Wrongful death cases can be complicated and complex, involving many different insurance companies. It's usually best to seek the advice of an experience Washington motorcycle accident and wrongful death attorney as soon as possible.

If you find yourself in the above situation and feel overwhelmed and don't know where to start, please call us, we are experienced Motorcycle accident attorneys and can help you through this difficult process.

Seattle Crosswalk Accident Result in Fatality

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)12519 — Sat, 30 Jan 2010 08:00:00 EST

Pedestrian dies after being hit in a crosswalk by a car in Seattle. The man was crossing Aurora Avenue North at 8:12 p.m. Thursday night. The driver of the car that hit the pedestrian is under investigation for DUI.

Pedestrian in crosswalks are in greater danger during the winter months in Washington state. Fewer hours of daylight means more hours of walking in the darkness of night. That's why it's important to cross roadways in a crosswalk. Obviously, even then the cards are stack against you at times.

You have the best chance of avoiding being hit by a car if you do use a crosswalk and exercise some common sense. Cars often can't see you even when you're in the street within a crosswalk, especially if you're wearing dark non-reflective clothing. So watch for cars, walk briskly across the street, and do all you can to save yourself from injury or worse.

Two Kirkland Girls Hit in Juanita Crosswalk by SUV

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)12463 — Thu, 28 Jan 2010 08:00:00 EST

A 16 year-old teenager and her toddler aged sister were crossing 100th Ave. NE in a marked crosswalk when they were hit by an SUV in a Kirkland crosswalk accident.  The young girls were crossing a five lane portion of 100th Ave. NE near the 12600 block.  The Kirkland pedestrian accident happened Wednesday afternoon.

The crosswalk in question is just a couple miles north of our office. The crosswalk has boldly marked white stripes, overhead lights, and overhead crosswalk signs. Unfortunately it is also very busy road in the Juanita neighborhood with a posted speed limit of 35 mph that cars regularly exceed.

As the two young ladies entered the crosswalk a vehicle in the first lane of southbound traffic stopped, but an SUV in the second lane did not stop and hit the Kirkland sisters. The SUV driver is reported to be a woman in her 40's. The SUV is totally at fault for causing the accident and will be responsible for all the girls injuries and damages.

Both girls suffered serious injuries in the Kirkland pedestrian crosswalk accident. The teenager suffered possible broken bones and the toddler may have a brain or head injury. Both girls were taken to Harborview Medical Center for treatment of their serious injuries. Past clients in similar accidents have suffered broken anlkes, legs, arms, or ribs.

Injuries to children are to be taken very seriously because they have not finished growing and developing.  Broken bones in children can be a concern when growth plates are involved. A fracture over a growth plate carries a risk of altering the full growth of a bone. Head injuries in small children are even more concerning as they are a long way from complete mental development.  For these types of reason children have a long statute of limitations associated in injury causing pedestrian and car accident. Children have until their 21st birthday before their legal rights expire.

Kirkland Pedestrian and Car Accidents involving children that are caused by the negligence of another person require special care.  In most cases it's best to consult with an experience Kirkland Pedestrian Crosswalk Accident attorney as soon as possible, but absolutely before you sign any forms or speak with the driver's insurance company.  Call us at 425-822-5700 or email at Max@ScottMcDOnaldLaw.com if you have child who been injured in a Kirkland crosswalk accident.

New Law Proposed to Increased Criminal Penalties in Bicycle Accidents

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)12445 — Wed, 27 Jan 2010 08:00:00 EST

Negligent drivers in Washington who cause a serious injury accident with a bicycle or pedestrian may face much stiffer penalties if a proposed Senate bill is passed. Currently if you hit and serious injury a biker or pedestrian in a Washington bicycle accident all you'll get is a traffic ticket.

The proposed law increases the penalties dramatically. Under the proposal if you serious hurt or kill a bicyclists or pedestrian you would still face a $250 fine for negligent driving, but also have to appear in court, complete a traffic-safety course and perform up to 100 hours of community service or avoid those penalties and pay a much larger fine of up to $5,000 and have your driver's license suspended for 90 days.

According to the U.S. Department of Transportation more than 66% of fatal bicycle accidents happen in cities. In Seattle an estimated 4,000 - 8,000 people commute by bicycle to work or school every weekday.

WA Crane Companies Failing Comply with New Safety Law

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)12064 — Mon, 04 Jan 2010 08:00:00 EST

The 210 foot tower crane collapse in Bellevue, WA in November 2006 that killed a Microsoft employee in his nearby condo spurred a new crane safety law. The new construction crane safety law took effect on 01/01/10. However, only about 10% of the 7,000 cranes in Washington state have been certified to the new safety standard according to the Washington Department of Labor & Industries.

Will it take another wrongful death accident on a construction site to convince companies to get in compliance? There is estimated to be over 100 tower cranes in Washington state, and only about 20 have been certified as required under the new crane safety law. Let's hope no additional tragedies happen while construction companies drag their feet.

Flying Car Accident Debris Injures Pedestrian l Seattle Car Accident Attorney

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)11961 — Mon, 28 Dec 2009 08:00:00 EST

Four people were injured in Seattle car accident on Sunday, December 27th. A pedestrian waiting to cross the street at the intersection of Fremont Ave. N. and N. 39th Street was hit by flying debris from the car accident. The pedestrian sustained serious injuries and lost consciousness briefly.

The driver at fault for causing the Seattle car accident ran from the scene on foot despite his passenger being injured. The SUV hit also had two people injured in it. Witnesses to the accident believe the driver who ran suffered a head injury.

Washington hit and run accidents can lead to serious problems for the innocent victims left behind. When the negligent driver runs away the injury victims are left to pay their own medical bills and any other expense. In case where there is some insurance available, often times when four people are injured in the same car accident there will not be enough insurance coverage to cover all of the injured people's medical bills and expenses.

That's why it's so important to carry uninsured motorist (UIM) coverage on your own car insurance. When you suffer a terrible injury following a Washington car accident your insurance can step in to cover the expenses that the at-fault driver doesn't or can't. We regularly tell our friends, family and clients to buy as much UIM insurance as possible, it's the most important car insurance you can buy to protect yourself from other drivers out there.

I-90 Head-On Car Accident Hospitalizes Two l Kirkland Car Accident Attorney

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)11728 — Wed, 16 Dec 2009 08:00:00 EST

Late Tuesday evening a 2001 Acura crossed the median of I-90 near Preston and continued onto the on coming lanes of I-90. The Acura narrowly avoided hitting a semi-truck but smashed head-on into a 2006 Honda Civic being driven by a 29 year-old North Bend, Washington woman.

Both drivers suffered serious injuries in the I-90 car accident and were transported to Harborview Medical Center. The North Bend woman is in critical condition in the Harborview intensive care unit. The at-fault driver is in serious condition and also in the Harborview intensive care unit. Alcohol is suspected of playing a role in causing the head-on collision.

During this Holiday Season parties are in full swing. Which means drunk drivers will be increasingly hitting the roads every night of the week, not just weekends. Please take a cab if you have a few drinks at your Christmas party. It's just not worth risking serious injury or death over a $40 cab ride.

Car Runs Down 2 WSU Students in Crosswalk and on Sidewalk

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)11656 — Tue, 08 Dec 2009 08:00:00 EST

Two pedestrians were hit by a car Monday morning by a hit and run driver on the WSU campus. These Washington pedestrian accidents are becoming all to regular. Hitting someone in a crosswalk and leaving the scene is just shameful. The injury victims should hold the driver accountable by asserting their legal rights.

According to police reports the driver hit the first pedestrian in a crosswalk then proceeded down the road where he ran over a median and then hit another pedestrian on a sidewalk. The driver then got out of his car and ran on foot from the scene of the pedestrian accidents. Jerk!!

Luckily WSU campus police were in pursuit and caught the driver shortly thereafter. The police had to Taser the driver to get him under control. A little poetic justice in my book. If you hit to pedestrians with your car then flee the scene, you just might deserve to be tased.

It's this kind of conduct by an at fault driver that makes insurance on your own car so important. If you are hit as a pedestrian and the at fault driver does not have insurance or not enough insurance, then your Underinsured Motorist insurance will cover your medical bills, lost wages, and compensate you for having to go through the pain, stress and frustration of being injured in a Washington pedestrian accident.

In cases like this it's important to contact an experience Washington pedestrian accident attorney as soon as possible. A thorough investigation needs to be completed and you don't want to speak with the driver's insurance company or sign any forms before consulting with an experienced injury attorney.

Max Meyers

Marysville WA T-Bone Car Accident by SUV Results in 4 Fatalities

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)11524 — Mon, 30 Nov 2009 08:00:00 EST

A Ford Explorer ran a red light near Highway 9 in Marysville, Washington Sunday night causing a fatal Washington car accident. The SUV slammed into a Hyundia carrying four people. The force of impact was so great all four people in the Hyundia were killed. Our condolences and prayers go out the the four families dealing with this horrific tragedy.

The fatal Marysville car accident happened at the intersection of 108th Street and Highway 9. The names of the four victims have not yet been released.

The driver of the SUV fled the scene of the accident on foot. A woman near the scene of the accident found the bloody driver dazed and confused in her driveway. She convinced the driver to return to the accident, where Washington State Patrol began investigating him for vehicular homicide and drunken driving.

The families of the four victims have wrongful death claims against the SUV driver and his insurance company. The families also have claims that can be made against their loved one's car insurance policy under Underinsured Motorist coverage. In addition, the three passengers in the Hyundia have claims against any Underinsured Motorist insurance coverage on the Hyundia. Nothing can be done to bring back a loved one, and no money can make up for that loss. But steps can be taken to make sure the financial burden placed on the families by the loss of their loved one is as small as possible.

It's important for families of wrongful death victims to contact an experienced Washington wrongful death attorney as soon as possible. It's very important to make sure a full and complete accident investigation is completed; including assisting the police investigation, speaking to all eye-witnesses, documenting the accident scene with photos and diagrams, contacting all at-fault parties, contacting all insurance companies, preserving all relevant evidence, and other paperwork necessary to protect the victim's family's legal rights.

Seattle Window Washer Survives 8 Story Fall

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)11417 — Mon, 23 Nov 2009 08:00:00 EST

A Seattle Washington window washer survived an 8 story fall down the side of a building last week. The safety rope catches the man at the last moment saving his life. Man walks away with only a broken finger.

The man was screaming as he fell and several witnesses in the building were traumatized by seeing the fall. Click on the Komo news link below to see security camero video that caught the end of the fall. Amazing!

Do Wet Seattle Roads Increase Traffic Deaths in November?

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)11354 — Thu, 19 Nov 2009 08:00:00 EST

In the last 2 days there have been two fatal Washington car accidents on Seattle area roadways. November 2009 in Western Washington has seen many days of rainy and stormy weather. The trend sure indicates that rain storms equal increased fatal car accidents.

A 63 year-old Edmonds, Washington man died following a rear-end car accident involving three cars on Tuesday morning. The man who suffered the fatal injuries was stopped at a red light when he was slammed into by another car and thrown into the car in front of him. It's not clear what kind of injuries led to this tragic result.

As Kirkland Washington rear-end car accident attorneys we see this kind of collision all the time. In our experience this is a very out of the ordinary result. Normally rear-end collisions at red lights don't result in people being killed, even in high speed collisions. So there must be some extraordinary circumstances in this case.

However, from a legal stand point it does not matter. If you rear-end someone and they suffer fatal injuries as a result because they were more fragile medically than most people it's tough luck for you. Washington law says that you take the injury victims as they are, period end of story. You don't get to compare and generalize to other people. Injury cases focus solely on the person injured nobody else. In this case the driver could be faced with a wrongful death claim.

Another three car accident happened on I-5 near Sea-Tac, which took the life of a person driving a Toyota Land Cruiser. The 3-car collision closed southbound I-5 for three hours Wednesday. The Washington State Patrol is still investigating the fatal Washington car accident and is looking for eye witnesses. If you saw this accident you are asked to call WSP Detective Ruth Medeiros at 425-401-7719.

What common child accessory has amputated fingers on 12 kids?

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)11215 — Mon, 09 Nov 2009 08:00:00 EST

Maclaren strollers are reportedly responsible for 12 finger amputations of children since 1999. Maclaren issues a major recall on 1M strollers.

A side hinge is the cause of danger to children's fingers when the stroller is opened or closed. The company is cooperating with the U.S. Consumer Product Safety Commission in the recall. A repair kit will be issued to consumers and retailers who have purchased the umbrella stroller from Maclaren. The repair device will cover the side hinges and joint that cause the amputation danger.

Injured Seattle Fireman Awarded $13M Following Fall Down Fire Pole Hole

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)10954 — Fri, 23 Oct 2009 08:00:00 EST

A Seattle Washington Firefighter, Mark Jones, was awarded $13 Million by a King County jury for devastating injuries suffered in a fall down a fire pole hole at Station 33. Mr. Jones fell 15 feet to a concrete floor suffering a head injury, 9 broken ribs, multiple fractures of his pelvis, 5 fracture low-back vertebrae, as well as internal injuries to his lung, bladder and liver. Mr. Jones has not been able to work since the fall and will not be able to work in the future.

The fall happened one night when he was working in an unfamiliar fire station. He got up late at night to use the bathroom and went through the wrong door. Mr. Jones fell in the fire pole hole that did not have any guard around it. Another fire fighter had fallen through the same hole in 1976, but the city of Seattle never installed a guard around the hole or on door leading to fire pole.

The jury verdict was double Seattle's last settlement offer before trial, but half of what Mr. Jones had sought in the lawsuit. This is an example of a tragic accident that should never have happened. Seattle is deciding whether to appeal the jury verdict.

Do Cell Phones Cause Enough Driver Distraction to Kill?

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)10726 — Tue, 06 Oct 2009 08:00:00 EST

Ephrata, Washington mother was reaching for her cell phone which caused her to lose control of her car. The car left the roadway and flipped down an embankment near Royal City killing her 6 year-old daughter. The child was not proper restrained in a child safety seat. As a result the young girl was partially ejected from the car and died at the scene of the Washington car accident. Fortunately, the mother's 2 and 3 year old sons who were also in the car survived.

Recent studies and news have linked cell phones to an ever increasing problem of distracted drivers. Tragedies like this one illustrate the horrible consequences that can result when a driver loses focus on the road to reach for a cell phone.

The importance of using a proper child safety seat is made shockingly clear here as well. Adult seat belts do not work to keep children as safe as needed in car accidents. Child seats are the only way to make sure your child will be as safe as possible when riding in your car. Is it worth risking the life of your child to not do it?

Bicycle Friendly Bellevue On The Way l Bellevue Bicycle Lawyer

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)10669 — Fri, 02 Oct 2009 08:00:00 EST

The City of Bellevue Council passed a bike and pedestrian plan recently to improve bike access to the downtown area. The plan calls for the addition of 80 miles of bike lanes, 90 miles of sidewalks, and 20 miles of trial improvements.

Bellevue streets are difficult for bikers to navigate. They have very little shoulder and were not designed with bicycle riders in mind. The neighborhoods are also a challenge for bikers. They do not have a grid pattern like Seattle, but can wind around and sometimes end in cul-de-sacs.

Bellevue new bicycle plan is a new shift in thinking for the city and hopefully will help as urban growth continues in the downtown core.

Washington Traffic Fatalities Lowest Since 1955

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)10661 — Thu, 01 Oct 2009 08:00:00 EST

Washington car accident related death are at a 54 year low according to Washington Department of Transportation and Washington Traffic Safety Commission. In 2008 522 traffic deaths have been reported, which is the lowest number since there was 461 in 1955.

The drop is attributed to use of seat belts. Since 2000 the number of traffic fatalities caused by failure to wear a seat belt has dropped by over 33%. The percentage of drivers in Washington who wear their seat belt is 96.5%, third highest in the nation behind Michigan and Hawaii.

The number of car accidents is also dropping. In 1990 the number of traffic deaths or serious injury accidents was 2,500. In 2008 that number has dropped to just over 1,000 according to the Washington State Patrol.

Maple Valley, WA Paralyzed Football Player Settles Injury Case for 14.6M

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)10426 — Fri, 18 Sep 2009 08:00:00 EST

Zachery Lystedt was left paralyzed and permanently disable following injuries suffered during a Mount Tahoma Junior High football game. Lystedt's family settled its Washington personal injury case against the Tahoma School District for 14.6 million.

During the football game Lystedt made a tackle that left him unable to get up initially, although he did not lose consciousness. He was held out of the game until after halftime and then played in the second half of the game. By the end of the game Lystedt was unsteady on his feet and he collapsed when the game ended. Lystedt had suffered a concussion on that first hit. When he play again he injured his brain again, which led to bleeding in the brain. Lystedt was rushed to Harborview Hospital for brain surgery. He was in a coma for months and therapy for years.

Lystedt suffered a severe brain injury that left him in a wheel chair and with severe brain damage. If Lystedt had not been allowed to go back into the football game he would not have suffered the severe brain injuries he did. Lystedt's case has led to a new law governing concussions in youth sports, the Zachery Lystedt Law.

As a football official for King County area schools I have seen players deliver hits that likely resulted in a concussion to them self or the other player. The head coach in the past was the one to determine whether a player was okay to play again in a game. The Zachery Lystedt Law makes it illegal for a school or coach to allow a player back into play after suffering what appears to be a concussion without first getting a signed doctor's or certified athletic trainer's note allowing the player to re-enter the game.

The Zachery Lystedt Law is the first of its kind in the nation and the first to establish legal guidelines for dealing with sports caused concussions. Eight other states are looking at adopting similar laws.

Hopefully the Zachery Lystedt Law will help prevent such a tragedgy from happening again here in Washington.

Max Meyers, Esq.

Toyota Lawyer Alleges He was Ordered by Toyotay to Destroy Evidence

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)10233 — Tue, 01 Sep 2009 08:00:00 EST

A story out of Los Angeles, California details how a high ranking lawyer for Toyota Motor Corp.'s USA sales company was ordered and forced by Toyota management to hide and wrongfully withheld evidence in lawsuits alleging defective roof design in rollover car accidents. Dimitrious Biller, former attorney for Toyota, has filed a lawsuit with these allegations.

I find this very, very troubling and frankly the reason that injury victims often need attorneys to file civil lawsuits against big greedy corporations. It is a complete disregard of the American justice system for Toyota to act in such a way. Any why? So they can keep their massive profits despite having put defectively designed and unsafe vehicles out on the road.

Roof crush injuries in rollover accidents are usually of a very serious nature. Often times roof crush injury victims suffer severe spine injuries, broken bones, head and brain injuries and even death. This kind of corporate abuse of the justice system is the stuff John Grisham books and Hollywood movies are made of.

Mr. Biller's lawsuit claims he was ordered to destroy evidence in over 300 roof crush lawsuits. Ethically this is a cardinal sin for a lawyer. I won't be surprised if Mr. Biller is disbarred eventually. However, if Biller's claims are proven true Toyota could be faced with the reopening of hundreds of cases that have been previously settled or decided and examined for abuse.

I'm sure we can also look forward to Biller getting a book and movie deal to tell the story in the coming years.

1 in 6 Drivers Distracted in School Zones l Kirkland Crosswalk Accident Lawyer

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)10234 — Tue, 01 Sep 2009 08:00:00 EST

According to a new study by Safe Kids USA 1 out 6 drivers in a school zone are distracted by using a cell phone, eating, drinking, grooming, smoking, reaching behind and reading. The one that really stands out to me is reading.

How can you drive and read at the same time? Reading takes time to do, you actually have to look at the words for several seconds at a time. A car can travel a long distance in a few seconds, a kid can jump into the road in a few seconds, you can approach an occupied crosswalk in a few seconds. Seriously scary stuff!

With recent studies indicating that distracted drivers are as bad or worse than intoxicated drivers, this is scary for our kids. That mean one in six drivers is acting like a drunk driver while passing a school. Multitasking while driving is a bad idea that can have deadly serious consequences. Drivers need to turn off the cell phone, put down the cheeseburger, and just drive. Our kids deserve your complete attention and focus when driving in school zones.

Everett Police Looking For Driver in Fatal Collision l Everett Wrongful Death Attorney

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)10104 — Tue, 25 Aug 2009 08:00:00 EST

Everett police are looking for the driver of a car involved in a fatal Everett Washington street race car accident that killed a Everett man on Friday, August 21, 2009. The street raced between two cars took place just before the fatal Everett car accident on 9000 block of northbound Evergreen Way. The driver the police are looking for was driving a Dodge Neon type car. If you have any information about the driver please call (425) 257-8450.

One of the racing cars, an Acura Integra, slammed into a Toyota Corolla at a high rate of speed. The Acura broadsided the Toyota as the Toyota made a left turn into a driveway from southbound Evergreen Way. Witnesses reported the racing cars were going over 50 mph in a 35 mph zone.

The Acura driver is cooperating with police in their vehicular homicide investigation. The Acura driver apparently did not know the other driver.

This type of tragic car accident is why it's so important to carry UIM insurance. Even if the Acura has car insurance, there's a chance his insurance company may deny coverage because he was street racing. However, if you have UIM insurance on your own car insurance then you can deal with this problem effectively. Especially in a fatal car accident where the surviving spouse and family will have a Washington wrongful death claim against the Acura and even the other car if he can he found.

Bellingham Motorcycle Accident Caused by Drunk Rider

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)9985 — Fri, 14 Aug 2009 08:00:00 EST

Kirkland D. Ross of Bellingham was riding his motorcycle at 11 p.m. on June 11, 2009 traveling east on Marigold Drive when he lost control of his bike and crashed into a tree. Ross and his passenger Kerrie O'Brien of Port Orchard were injured and transported to St. Joseph Hospital for treatment of their motorcycle accident related injuries.

According to Washington State Patrol troopers Ross was not wearing a helmet (lucky to be alive) and didn't have a valid motorcycle license. DUI charges are pending against Ross. Drinking and driving don't mix, and doubly so when riding a motorcycle.

Passenger O'Brien may have an injury claim against Ross provided her own drunkeness didn't contribute to her getting on the bike or causing the crash. If she was also drunk her injury claim may be defeated. If you find yourself in this type of scenario its important to consult with an experienced Washington Motorcycle Accident Attorney before speaking with any insurance company representative.

Ballard Businesses File Lawsuit Over Seattle's Burke-Gilman Trail Expansion

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)9564 — Thu, 23 Jul 2009 08:00:00 EST

Ballard businesses that line the area slated for construction of the missing link of the Burke-Gilman Trail have filed a questionable lawsuit claiming transportation officials failed to thoroughly investigate how local businesses would be affected by the new bicycle trial. The local businesses included boat gas stations that service the local fishing fleet and other heavy industry type businesses that regularly have semi-trucks delivering products to them.

The boat gas stations claim tanker semi-trucks will pass over the proposed trail 8-40 times per day six days per week. Having semi-trucks cross the Burke-Gilman trail up to 40 times per day could cause major safety problems. The gas station owners claim their insurance companies have told them if one bicycle rider is killed by a truck accident then their business will become virtually insurable. However, the trails impact was not studied because it was determined to have "nonsignificant" impact on the environment.

It seems to me this a simply a tactic at delaying or even stopping the expansion of the Burke-Gilman Trail. Bicycle riders already travel the route despite its dangerous and dirty nature. The trail expansion will clean up the area and make it safer for the bicycles that are already using the area. About 40 people per year are injured on the railroad tracks near the Ballard bridge which is just a few blocks from where the trail currently ends.

The Burke-Gilman Trail expansion is a good thing and should move forward despite this questionable lawsuit.

Head-on Car Crash near Poulsbo on Highway 3 kills 2 men

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)9415 — Mon, 13 Jul 2009 08:00:00 EST

Late night car accident two miles north of Poulsbo on Highway 3 claims the lives of two local men. Michael B. Kelly of Kent was driving his family home from a weekend trip to Victoria, B.C. on Saturday night, July 11, 2009. When a SUV driven by Wesley A. Schmidt of Puyallup swerved into their lane and hit them head-on.

Mr. Kelly and Mr. Schmidt both died as a result of the head-on collision. Mr. Kelly's family also suffered injuries. His wife Rosemary Kelly was taken to Harborview Medical Center with a spine injury. Mr. Kelly's 11 year-old son was also taken to Harborview with a head injury. His 4 year-old daughter was lucky to escape the fatal car accident without injury.

Our sincere condolences go out to the Kelly and Schmidt families. May Mrs. Kelly and her injured son may a full and speedy recovery from their physical injuries. Our prayers will be with them for their emotional loss of a husband and father.

Cambridge, MA Bicyclist dies following Car v. Bike accident near Raymond, WA

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)9416 — Mon, 13 Jul 2009 08:00:00 EST

Carolyn Girod a 31 year-old bicyclist from Cambridge, Mass. was hit by a van last week near Raymond, Washington. Ms. Girod was bicycling with her boyfriend Nils Sorenson on State Route 105 just north of Raymond when a van drifted onto the shoulder where they were riding. Nils was forced into Carolyn and they both crashed.

Nils crashed into an embankment next to the road, but Carolyn crashed on the pavement of the roadway. Carolyn suffered massive internal injuries and head injuries. She passed away the day after her Washington bicycle crash.

The accident was apparently caused by a distracted driver who drifted off the road onto the shoulder and failed to see the two bicycle riders there. Carolyn and Nils were riding on the shoulder doing what they could to avoid a car accident. Unfortunately, even that was not enough this time.

The injuries suffered when a car hit a bicyclist or motorcyclist for that matter are more often than not very severe and in the worst cases fatal. Our prayers and condolences go out the Carolyn Girod's family.

30th Annual Seattle to Portland Bicycle Classic, Saturday, July 11th & 12th

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)9386 — Fri, 10 Jul 2009 08:00:00 EST

The Seattle to Portland Bicycle Classic is this weekend Saturday, July 11th and 12th. 10,000 bicycle riders will make the 205 mile journey from Seattle down to Portland, Oregon. Many ride all 205 miles in one day, but the majority of bike riders do it in two days.

The STP is organized and operated by the Cascade Bicycle Club in Seattle as its annual fund raiser. Cascade Bicycle Club is one of the biggest bike clubs in the country and does lots of great things for the community. CBC sponsors great local bicycle tours like the STP and Ride Around Washington every year. it also educates kids and adults on all types of bicycle safety related information, advocates for greater bicycle access to local roadways, and much more.

With thousands of bike riders on the roads this weekend please be very careful if driving on the STP route. Bicycle riders in large packs can sometimes be a little spontaneous, so be on the lookout for bikes passing other bikes.

To all you STP riders, have fun and ride safe!

Colorado Women Gets 3 years For Killing Two Bicyclists

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)8966 — Tue, 09 Jun 2009 08:00:00 EST

Two Colorado bicycle riders died in a horrific car accident back in August of 2008. A 64 year-old Colorado woman who was high on prescription medications without her required eye glasses when she drove through a group of five bicycle riders, killing two of them. The elderly woman was sentence to 3 years in prison for vehicular manslaughter by a Colorado Springs court, short of the six year maximum sentence.

Jayson Kilroy, 28 and Edger "EJ" Juarez, 30 were the bicyclists killed by the woman.

The woman just prior to the fatal car v. bicycle accident was reportedly shoplifting at a Safeway store. She also hit a car in the parking lot as she was leaving the parking lot. The man who she hit in the parking lot followed the woman and witnessed her hit the five bicyclists. The three other bicyclists also suffered injuries of a less serious nature. The woman did apologize to the families and express remorse before being tearfully taken away to jail.

Motorcycle Slams into Rear of Ambulance, Helmet Saves Rider's Life

info@scottmcdonaldlaw.com; max@scottmcdonaldlaw.com (News Author)8965 — Tue, 09 Jun 2009 08:00:00 EST

A Seattle motorcycle rider was distracted by a car accident on the side of I-5 near Northgate which had emergency vehicles present. The motorcyclist failed to see an ambulance stopped in his lane ahead of him and crashed into the rear doors of the ambulance suffering serious injuries.

The Seattle motorcycle rider was taken to Harborview Medical Center. His helmet left a dent in the doors of the ambulance and is credited with saving his life. An EMT has just step into the ambulance to treat a patience narrowly mssing a collision with the motorcycle. The impact was so great that the medics intiailly didn't think the Seattle man would survive the motorcycle crash.

According to Washington State Troopers the motorcyclist was riding with headphones in both ears, which is illegal in Washington state. Drivers are allowed to drive with one ear bud so long as you can hear surrounding noises.