Attorney Blog

Iowa Football Player Hit Head-On by Truck Turning Left - Walks Away Without Serious Injury

Max@ScottMcDonaldLaw.com (blog Author)38454 — Fri, 03 Sep 2010 08:00:00 EST

Iowa Hawkeyes football team nearly lost the captain of their ofeinsive line. Center Josh Koeppel survived a head-on collision with a pick-up truck that turned left in front of him a couple days ago. Koeppel was not wearing a helmet, which is legal in Iowa, and he walked away without serious injury. He was incredibly lucky to have only suffered some road rash and soreness. A police dashboard camera video caught the dramatic motorcycle accident.

Here's a link to the video: http://www.youtube.com/watch?v=d0tXisw8Dp8

Most people would not be as lucky Josh Koeppel. His training as a very big football lineman who is used to taking big hits probably helped, but in no way should anyone expect to be so lucky in the same situation.

The truck failed to yield to Koeppel's right of way. This is a left hook type of accident, and is the most common motorcycle accident we see in our Washington motorcycle accident practice. Vehicles turning left sometimes simply fail to see a motorcycle that is coming straight at them and turn right in front of the bike. As you can see in the video the motorcycle rider had no time to avoid the collision.

Injuries from motorcycle crashes like Koeppel's usually involve broken bones, and when no helmet is worn, more often than not traumatic brain injuries result and sometimes the worse case scenario death.

Wear a helmet, it will save your life.

Kirkland, WA Motorcycle Rider Ejected in Rear-End Accident on 405 Freeway

Max@ScottMcDonaldLaw.com (blog Author)36967 — Mon, 09 Aug 2010 08:00:00 EST

A sport bike rider was rear-ended by a drunk driver on I-405 in Kirkland late Thursday night. Not the best way to start your Seafair weekend, in Evergreen Hospital because some drunk run over your motorcycle in a crazy Washington motorcycle accident.

The rider was ejected from the motorcycle and suffered lots of road rash and possible internal injuries as a result. The crazy part is the motorcycle became lodged in the front bumper of the car and stayed perfectly up on both wheels. The car then dragged / pushed the bike down the 405 freeway for a good 500 feet.

This Washington motorcycle accident happened in the HOV lane of I-405 near the NE 85th Street exit in Kirkland, Washington.

WADOT To Pay 2 Million To Olympia Motorcyclist Serious Hurt Due To Bad Road Design

Max@ScottMcDonaldLaw.com (blog Author)36018 — Fri, 30 Jul 2010 08:00:00 EST

The Washington DOT in a settlement with an Olympia motorcycle rider agreed to pay 2 million to settle a defective road design claim in a Washington motorcycle accident lawsuit.

Back in 2006 John Lancaster of Olympia, WA was riding his motorcycle on US Highway 101 near Shelton. At the intersection of Highway 101 and Lynch Road, a car pulled out in front of Mr. Lancaster cutting him off and leaving now where for him to escape. Mr. Lancaster ran into the driver side of the car and nearly died that day in a severe Washington motorcycle crash.

Shockingly this was not the first serious accident reported at this intersection. There had been repeated accidents at the very same spot, 55 accidents since 1996 including two fatal accidents. The Washington DOT knew there was a problem but failed to do anything.

Mr. Lancaster was severely injured, he was legally dead for a 3 minute period of time at the accident scene before being resuscitated. Mr. Lancaster had to be transported to Harborview Medical Center via helicopter where he eventually fell into a three week coma. For two months following the accident, Mr. Lancaster could not walk. Today, he is still unable to use his right arm and has limited usage of his left hand. Mr. Lancaster’s medical bills totaled over $600,000 for his hospital treatment alone.

Mr. Lancaster filed a lawsuit against the WADOT for its failure to fix the dangerous intersection. You can bet that the insurance company for the car that caused the accident had already paid its policy limits, but the insurance availlable likely didn't even come close to covering the medical bills. The WADOT had ignored an April 2001 study that showed that the intersection was unsafe and recommended closing the left turn lane from Lynch Road onto Highway 101. An engineer working with the DOT, Robert Thuring, stated that there was a large amount of pressure from Mason County residents to fix the intersection.

Taylor Shellfish and the Squaxin Indian Tribe both offered to donate land to construct a safer route. Taylor Shellfish currently does not allow its trucks to use the dangerous intersection, instead utilizing its own road constructed to bypass the defective road intersection.

It will be interesting to see how this issue unfolds over the years, especially given that the DOT has numerous other roads and intersections that have been flagged to be unsafe but are yet to be fixed. Hopefully this intersection that has caused so much damage to the friends and families of the Olympia motorcyclist will eventually be fixed.

Toddler Killed by Truck Backing Out of Driveway near Ferndale, WA

Max@ScottMcDonaldLaw.com (blog Author)36014 — Wed, 28 Jul 2010 08:00:00 EST

A 2 year old girl tragically died on July 23rd as a result of negligence on the part of a truck driver in a fatal car v. pedestrian accident near Ferndale, Washington. Our prayers and condolences to the family of the young girl.

The young girl was playing in the driveway of a Nooksack tribal housing development. The truck driver had told the young girl and other children to move out of the way before backing, but failed to notice that the children had not moved when the driver began backing up. There were two adults and three minors in the truck at the time of the fatal accident.

This is nearly as close to pure negligence as you can get. The driver knew very young children were playing where he was intending to drive his truck. He failed to make sure the kids had actually moved and the area was safe for him to back up. Children under 6 years old cannot have any fault attributed to them under Washington law. They simply are too young and their brains have not developed enough to know right from wrong and be held legally accountable for their actions.

Drivers have a higher duty of care when children are present near a roadway or vehicle. Driver must use extra caution and go above and beyond what they normally would do with an adult in the same circumstances. Here, the driver should have made absolute sure he observed the location of each child that was behind his truck standing somewhere safe before he moved his truck. He failed to do that and as a result killed a little 2 year-old girl.

The repercussions for the driver will likely be devastating. He may face criminal charges. He will certainly be facing a civil wrongful death claim from the girl's parents. He faces possible jail time and the threat of financial ruin because of one careless moment.

When Walking the Dog turns into a Nightmare! Issaquah Pedestrian Hit in Crosswalk

Max@ScottMcDonaldLaw.com (blog Author)35819 — Mon, 26 Jul 2010 08:00:00 EST

As every dog owner knows it's important to walk your dog daily if possible. An Issaquah, Washington woman was doing just that Sunday evening when she was run down in an Issaquah, Washington crosswalk. The woman suffered very serious injuries that have left her unconcsious and/or unable to identify herself. She was not carrying any identifiaction of any kind. As a result police have not been able to find out her name.

In this Issaquah pedestrian v. car accident the woman at collision impact was thrown into the windshield, suffering what must be a devastating head injury and likely traumatic brain injury. Her poor dog was killed by the car running it over. When this woman regains conscoiusness not only will she find herself dealing with very serious injuries but she will be emotionally traumatized by the death of her dog.

Shelly and I do not have kids, so our dog Harvey means the world to us. This would be a nightmare scenario for me if this woman was Shelly. Here's our pride and joy:

http://www1.snapfish.com/snapfish/slideshow/AlbumID=225488936/PictureID=1324186170
17/a=138980707_138980707/otsc=SHR/otsi=SPIClink/COBRAND_NAME=snapfish/

Given nobody has tried to track this woman down yet, she probably was single. When she doesn't show up for work hopefully a co-worker will connect the dots. What then?

The car that hit her will be on the hook for paying for all her damages including medical bills, lost wages, medical supplies once home, and emotional trauma from the whole experience. But that does not mean the car's insurance will pay now as bills are racking up.

Many of my client's who are hit by a car as a pedestrian are shocked to find out their own car insurance (Personal Injury Protection - PIP) is where you look first to pay for medical bills. After PIP runs out or if you don't have PIP, then your health insurance picks up the tab. Both are eventually paid back by the car's insurance. It's issues like this that make it so important to get some good information about the injury claim process as soon as possible following a crosswalk car accident.

You can order your FREE copy of "The Guide To Washington Injury Cases" here and learn about the injury claim process in Washington before speaking with the insurance adjuster, hiring an attorney or signing any forms.

Be safe out there!

Max Meyers

Speeders Beware! Kirkland and Redmond Police Ramping Up 7/16 - 8/1

blog@www.scottmcdonaldlaw.com (news Author)16250 — Thu, 15 Jul 2010 08:00:00 EST

King County Police departments are hitting the roads with increased number targeting speeding drivers. Starting July 16, 2010 and continuing through Sunday, August 1st another part of the statewide "Slow Down or Pay Up" campaign begins.

Speeding may seem like no big deal, but in fact it is a leading cause of traffic deaths and injuries in King County and Washington state. According to the Washington Traffic Safety Commission, from 2006-2008, speeding drivers killed 140 people in King County car accidents. Speeding-related crashes accounted for 44 percent of traffic deaths in King County during those two years.

Joining Kirkland and Redmond Police in the effort to curb speeders and save lives are police agencies from Auburn, Bellevue, Black Diamond, Burien, Des Moines, Federal Way, Issaquah, Kent, Maple Valley, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Renton, Sammamish, SeaTac, Seattle, Snoqualmie, Tukwila and the Washington State Patrol District 2.

The emphasis patrols over the next month are a key component of the Strategic Highway Safety Plan: Target Zero. The vision for the Target Zero program is zero deaths and serious injuries from traffic crashes in Washington by the year 2030.

The Washington Traffic Safety Commission funds the extra patrols.

Redmond Man Dies in Washington Motorcycle Accident

blog@www.scottmcdonaldlaw.com (news Author)16060 — Thu, 08 Jul 2010 08:00:00 EST

A Redmond, Washington man was killed and his father injured in a fatal Washington van v. motorcycle accident near Othello, WA this week. A large van crossed the center line of State Route 17 into on coming traffic hitting the two motorcyclists. Kenneth C. Owens, 55, of Redmond, died at the scene of the horrific bike crash. Our prayers go out to his family.

Kenneth's father Robert E. Owens, 76, was airlifted with severe injuries to Kadlec Medical Center in Richland, Washington. A third motorcycle rider, Willard C. Michael, was hit by fly debris but was not injured. A three riders were traveling south on SR 17. The van driver, John Mosley of Cle Elum, was not injured. According to the Washington State Patrol drugs and alcohol did not play a roll in causing this tragic and fatal Washington motorcycle accident. Mosley can expect to face criminal charges.

In the blink of an eye the Owens family has been rocked by an senseless tragedy. Cruising on country roads during the summer is a popular activity of Washington bikers. A motorcycle rider a can be doing everything right and still be a victim of a horrible Washington motorcycle accident.

In cases like this it's hugely important for the family to contact an experienced Washington motorcycle accident attorney. Investigation of the scene must be done as soon as possible and evidence collected before it disappears. Often times the last thing a family wants to think about after losing a loved one is finding an attorney.

But the reality of the situation down the road may be that the family will face financial ruin because the family breadwinner was killed by the carelessness and negligence of that van driver. Families often are under extreme emotional trauma and are not in the position to do all that is needed to protect the family's legal rights. Having an experienced Washington motorcycle accident attorney in their corner handling all the details lifts that burden from them.

Kenneth Owens wife and children likely have wrongful death claims that can be made against the van driver. Motorcycle fatality cases are special with distinct sets of laws and families are best served by finding an attorney who handles motorcycle cases on a regular basis whom they are comfortable working with.

Washington Car v. Horse Accident Results in $2.7 Million Verdict

Max@ScottMcDonaldLaw.com (blog Author)34829 — Thu, 08 Jul 2010 08:00:00 EST

A Chimacum, Washington woman who suffered severe injuries after hitting a dead horse in the road was award $2.7 million by a Jefferson County jury. Back in December 2001 a Sprint telephone company vehicle hit a horse that was in the road at night. Instead of getting out of his van and setting up warning cones, flares or reflective triangles all of which were in the van, the company driver left the scene.

Later that night Nanette Audral came upon the scene and did not see the horse in time to stop. Her car slammed into the dead horse. Ms. Audral sustained what was referred to at trial as "a full-body whiplash" leaving her in constant pain. The van driver gave conflicting reasons for not alerting other drivers of the dead horse with the safety equipment in his van. The van driver didn't even stop after hitting the horse, he just kept on driving.

Company protocol required the van driver to stop and take steps to prevent further accidents. Before the accident Ms. Audral worked 60 hours per week in her family-owned gas station. Unfortunately the gas station was closed as a result of her injuries and her inability to work the same hours she did prior to the accident.

When you see a jury verdict of this size in a Washington car accident you can be sure there are huge out of pocket losses and/or severe permanent type of injuries. Although I don't have the details, here it appears it's a combination of both that led to the 2.7 million dollar verdict. Ms. Audral has still has constant pain eight years after the accident, that's a permanent type injury. Plus she lost her business and ability to work at her job. When people are in their prime earning years and lose the ability to work, the resulting loss in wages can add up to a large number very quickly.

A verdict like this does not shock me given the basic facts regarding the damages Ms. Audral suffered. In a way Ms. Audral was a little lucky in the accident. How you ask? The person the jury determined to have fault for the accident was corporation with an insurance policy which is in all likely much higher than any Regular Joe would have on his car or home.

Often times, people suffer sever damages but there is not enough insurance to cover all the damages, and the person at fault does not have any other assets besides the insurance policy. I cannot tell you the pain it gives me to have to tell a client their case is worth 10 times what they ultimately will be able to recover because of this scenario. That's why carrying the most UIM insurance you can is the best protection you can provide for your family. It doesn't cost that much, but can mean all the difference.

Tickets Flying - New Washington Cell Phone Law

Max@ScottMcDonaldLaw.com (blog Author)34746 — Wed, 07 Jul 2010 08:00:00 EST

We posted about the new Washington cell phone law that took effect on June 10, 2010. The new law made talking on a cell phone without a hands free device while driving a primary offense, the same went for texting while driving. Washington police promised not to give any break in period.

Police started writing tickets from day one. And boy have they been writing those $124 tickets. In the first three weeks of the new cell phone law 670 tickets have been issued to drivers with cell phone in hand or texting while driving.

According to WSP troopers that number is up from 110 in the same time frame last year. Wow, that's crazy - a 500% increase in tickets. Watch out budget crisis, here comes a wave of new funds to the tune of $83,080 in 20 days. Police also issued 500 warnings.

Despite the large number of tickets and warnings the new law in my opinion is not changing many people's behavior. I still see lots of people with phone in hand to ear when I'm driving around the Seattle area. Whether the new law will reduce Washington car accidents is anyone's guess. Time will tell! What it will do in the short term is generate needed cash for the good ol' State of Washington coffers.

Seattle Hit-and-Run Driver Caught by Police - 4 Cars Hit

blog@www.scottmcdonaldlaw.com (news Author)15923 — Fri, 02 Jul 2010 08:00:00 EST

A crazed driver smashed into four other cars in a bad Washington hit-and-run car accident. A total of six people suffered injuries in the five car wreck. The hit-and-run driver's suv flipped over as a result of the collision impact.

Here's a King 5 News report about it http://www.king5.com/news/Police-looking-for-hit-and-run-driver-97646324.html

After the Washington auto accident the hit-and-run driver attempted to flee the scene of the accident on foot. A local gas station worker, Man Dip Sin, witnessed the Federal Way, Washington car accident and went to help at the scene. He saw the at fault driver walking away from the seen and told him to wait. Mr. Sin followed the driver on foot, and the driver started running and fled the scene.

Police called in a helicopter and the driver was found hiding in some bushes near the accident scene. The driver is suspected of have multiple traffic tickets and car accidents in his past.

When stories like this hit the news we are reminded again of the importance of having underinsured motorist (UIM) coverage on your car insurance policy. Although we don't know if there is adequate insurance on the suv that caused the accident, it's not hard to imagine that if a guy runs on foot from the scene of an accident he probably doesn't have much if any insurance. Who pays then? You do! So protect yourself and your family by purchasing as much UIM car insurance as possible. It does cost much, but can save you from big financial problems if your injured in a Washington hit-and-run accident like this one.

"Melrose Place" Beauty Charged in Fatal DWI Car Accident

Max@ScottMcDonaldLaw.com (blog Author)34313 — Tue, 29 Jun 2010 08:00:00 EST

Amy Locane former star of TV's "Melrose Place" was charged in fatal DWI car accident in New Jersey. Locane was apparently driving drunk when she hit the passenger side of a vehicle turning to enter a residential driveway. The force of impact was great enough to kill the passenger in the vehicle Locane hit. The driver of the car also suffered serious injuries. Locane only suffered minor cuts in the fatal collision.

During the investigation it was discovered that Locane had hit another car a few miles earlier and left the scene without stopping in a hit-and-run accident. The hit-and-run accident was minor and there were no reported injuries. However, the driver of the car followed Locane and observed Locane run down several mail boxes as she swerved on and off the road while driving before being involved in the fatal wreck.

Amy Locane has been charged with second degree vehicular homocide and third degree assault by auto. She faces a sentence 5-10 years in jail if convicted on both charges.

Despite the criminal charges this is not your clear cut liability case. Assuming Locan was in fact driving drunk that is not the end of it, you generally are not at fault by that fact alone. Here, the other car turned left in front of Locane. A left turning vehicle usually must yield to oncoming traffic, which in this case Locane may have had the right of way. However, if she was speeding then that general rule goes out the window and she can be at fault for the fatal car accident. More facts are needed to make a better determination on whether Locane may have some valid defense to this New Jersey fatal car accident. Time will tell.

Hit & Run Car Accident in Bellevue Shows Why UM Insurance Needed

Max@ScottMcDonaldLaw.com (blog Author)33584 — Wed, 16 Jun 2010 08:00:00 EST

At 2:40 a.m. this morning a car with two women in it were involved in a Bellevue, Washington hit & run car accident on SR 520. When police arrived they found the women's car had suffered heavy front end damage. The women had suffered head injuries and were complaining of leg pain. Police are trying to find the hit & run driver.

This is a topic we often discuss on this blog and with our clients. When a car hits you and then runs or has no insurance, what are you to do? In Washington car accidents involving a vehicle that has no insurance or when the at fault vehicle cannot be found you are left holding the bag. Hopefully you have purchased Uninsured Motorist (UM) coverage on your car insurance policy.

Without UM insurance there will no insurance to compensate you for all the damages and injuries suffer in the Washington car accident. Depending on what insurance coverage is on your policy there may not be anyone other than you to pay for the car repair, medical bills, towing bill, and any other expenses from the Washington car wreck.

That's why is important to buy UM/UIM coverage on your Washington car insurance policy. Uninsured Motorist coverage steps into the shoes of the at fault driver and provides insurance coverage for you. It's as if the at fault driver had insurance on his own car. Remember that the UM adjuster is not your friend, she is taking the position of the at fault driver and not looking out for you despite working for your insurance company. It can seem weird but UM/UIM claims are adversarial in nature.

If you have been in a Washington hit & run accident order your Free copy of "The Guide To Washington Injury Cases" before speaking to the UM adjuster or signing any forms. A little helpful information about the injury claim process at the time of the accident can go a long way to protect your rights and make sure you don't ruin your injury case by mistake.

Seattle Cop Punches Woman in Face

blog@www.scottmcdonaldlaw.com (news Author)15529 — Tue, 15 Jun 2010 08:00:00 EST

King 5 News has purchased a video of a Seattle Police officer attempting to make an arrest. The officer was attempting to arrest one woman when another woman tried to interfere and shoved and then grabbed the officer in an effort to break her friend free from the officer's grasp. In response to being assaulted by the second woman the officer punch the woman the face. A bystander caught the incident on his cell phone video camera.

I say the woman got what she deserved. You don't physically assault a police officer, let alone when he's in the middle of making an arrest and attempting to put handcuffs on another person. The woman broke the law and got what she had coming, period. I would have tazed both of them if it was me.

According to the a Seattle Times article police training includes the use of a punch in certain situations. The incident began when four women jaywalked in front of the officer. He called them over regarding they illegal crossing of the street when voices and tensions escalated.

If the women would have cooperated with the policeman they may have received a verbal warning or at worst a citation. Instead they face criminal charges. DUMB!!

My 2 cents,

Max Meyers

Severed Leg Caused By Silverdale, WA Bike Crash

blog@www.scottmcdonaldlaw.com (news Author)15508 — Mon, 14 Jun 2010 08:00:00 EST

A 20 year old Silverdale, Washington man severed his leg in a Washington motorcycle accident last weekend. The man was riding a 2009 Yamaha YZF-R6 too fast. The Washington bike rider attempted to take a left turn at too high of speed on westbound Highway 112 eighteen miles from Port Angeles.

The rider was not able to make the left turn and skidded off the highway, flew over a ditch and jumped over Lyre River Road. During the motorcycle accident the man's right leg hit a stop sign and was severed below the knee. He and the bike continued to fly and hit several trees before coming to a stop. The man was in serious condition at Harborview Medical Center following the accident.

There were a little over 80 deaths last year from Washington motorcycle accidents. Nearly half of those were a result of single vehicle accidents. Additionally, half of the deaths involved excessive speed. Put the two together and you get a recipe for disaster. This young man is lucky to have survived the accident.

Sport bikes are a blast to ride fast. But there is a time and place to do it. On the open highway is not one of them. If you want to go fast and test your limits please do it at a race track. Tracks open up to the public from time to time, check with your local bike shop or motorcycle rider club for the track nearest you.

Richland, WA Fatal Motorcycle Accident

blog@www.scottmcdonaldlaw.com (news Author)14819 — Mon, 17 May 2010 08:00:00 EST

A 40 year-old Richland, Washington man was riding his bike down Wright Avenue when an SUV turned right in front of him at an intersection. The "right hook" type motorcycle collision is one of the most common motorcycle wrecks we see in our Washington motorcycle accident practice. The SUV reportedly failed to see a stop sign it had to obey and turned onto Wright Avenue from Tinkle Street despite the motorcycle's right of way.

The motorcycle rider apparently did not have time to avoid the SUV who cut him off and crashed into it. At the scene of the accident the man was speaking to people prior to being transported to Kadlec Hospital. Unfortunately, his condition must have become much worse as he later died from his accident related injuries. Our prayers go out to his family.

The 2010 Washington motorcycle season has seen what feels like a large number of fatal motorcycle accidents. In a situation like this the spouse and children are left with a huge whole in their lives. The emotional loss and is often compounded by the financial loss of an income from the family. These can be devastating to the family left behind and is what Washington wrongful death laws are aimed at trying to minimize.

If your family has suffered the devastating loss of a loved one because of a motorcycle accident caused by a careless and negligent driver, please don't wait to seek legal help. Wrongful death cases are complicated and required immediate attention from an experience Washington motorcycle accident attorney. Evidence must be preserved, an investigation must be done without delay, and witnesses must be contact before they disappear. Our attorneys would be happy to discuss your families case with you at anytime.

CNN article discusses Clash between Bicycles and Cars

Max@ScottMcDonaldLaw.com (blog Author)31444 — Wed, 12 May 2010 08:00:00 EST

CNN recently published an article about the Clash between Cars and Bicycles when sharing the road. Cars often feel bikes take up too much roadway. Bicycles often feel cars drive too close and are a danger to them on a constant basis. Unfortunately, this clash often leads to a Washington bicycle accident where a rider is seriously injured.

The article also features a funny video by John Leguizamo. Check it out:

Long story short, please try to tolerate each other out there. Seattle, Washington is one of the most bike friendly cities in the U.S. Bike riders should follow all traffic laws and be courteous. Cars should be patient and allow bikes the extra room the need to feel safe. Both lives can be ruined following a serious injury Seattle bicycle accident.

Be safe!

Painting Nails Causes Fatal Motorcycle Crash

blog@www.scottmcdonaldlaw.com (news Author)14588 — Fri, 07 May 2010 08:00:00 EST

Nearly one year ago in Lake Zurich, Illinois a motorcycle rider was rear-ended by a vehicle while stopped at a red light. The collision was so severe the motorcyclist suffered catastrophic injuries and died as a result of the motorcycle accident. This kind of accident is not uncommon to see in Washington state.

The woman who caused the motorcycle accident admitted that she was distracted and did not see the red light or motorcycle. What was so important that it distracted her from driving? She was painting her nails!! Are you kidding me, really! Distracted drivers are dangerous when they have there eyes on the road, like when they on a cell phone, let alone when they aren't even looking at the road ahead.

This driver's conduct goes beyond negligent and is reckless. What's the distinction between reckless and negligent? Reckless driving is a higher standard. It means that you knew what you were doing was dangerous and illegal and did it anyway. Negligent generally means you should have know what you were doing was dangerous and illegal, another person in the same circumstance would have but you didn't. Negligence is often the result of a lack of common sense while recklessness is a lack of caring.

In this case the woman was charged with vehicular homicide. An Illinois jury recently found her guilty and she faces a jail sentence of up to five years. Criminal charges and jail time are becoming more and more common when distracted drivers cause accidents that kill someone. This woman can also expect to face a civil wrongful death lawsuit in the near future. Her freedom and financial health will all be ruined as a result of painting her nails while driving.

Put down the cell phone, don't shave, don't put on make-up, don't paint your nails, cook breakfast or anything else that distracts while driving. The roads are dangerous enough for motorcycles and scooters don't compound it by driving distracted.

Renton, WA Bicycle v. Pedestrian Accident Resulting in Death of Pedestrian l Kirkland WA Wrongful Death Attorney

Max@ScottMcDonaldLaw.com (blog Author)30250 — Tue, 20 Apr 2010 08:00:00 EST

Earlier this week a fairly uncommon fatal Washington Bicycle v. pedestrian accident happened on the Cedar River Trial near Renton, Washington. An 83 year-old Renton woman suffered fatal head injuries when she was hit by a bicycle that approached from behind her.

Prior to the accident the woman was walking east on the pedestrian / bike trail. Two bicycles approached from the rear. The bicycles attempted to pass the woman on her left. As the bicycles began to pass the woman, she stepped to her left. One of the bicycles ran into her, knocking both the woman and rider to the ground. The bike rider was treated on the scene and the woman was taken to Harborview with critical head injuries. She later died from her traumatic head injury.

The greater Seattle are has many paved pedestrian / bike paths where no motorized vehicles are allowed. The Cedar River Trial is one and the Burke-Gilman Trial is another. Because there are no cars, pedestrians and bikes are sometimes lulled into a false sense of greater safety than may exist. Bicycles can travel at speeds of 20 mph or more on these trials. A collision with a pedestrian at that speed can cause very serious injuries.

One of the rules normally associated with trials like the Cedar River Trial is the use of a bell or audible statement before passing any pedestrians or another bike. Bicycles should ring the bell or if without a bell should say "On your left" before passing a pedestrian. It's unknown whether this happened in this case. Pedestrians many times are listening to an Ipod while they walk. It's equally important for pedestrians to keep the music volume low enough so they can hear a bell or "on your left" call from a passing bicycle.

The failure to use a bell or "on your left" call can lead to potential liability for the bicyclists. The use of a Ipod or other MP3 type device can lead to contributory fault by the pedestrian. Cases involving serious injury or death will almost always be reviewed by a lawyer and a lawsuit is very possible. In this case the family of the woman may have a wrongful death claim to make against the bicyclist depending on the facts unknown at this time.

If a loved one has been taken from you as a result of another person’s negligence you may have a Washington wrongful death claim. When you have worked through the shock and need answers the experienced Kirkland wrongful death attorneys at Scott McDonald and Associates, 425-822-5700, can answer your question about how to handle an unexpected fatality and death of a family member. Call for a free consultation.

More Bad News For Toyota - 2010 Lexus GX 460 SUV Sales Halted

blog@www.scottmcdonaldlaw.com (news Author)14068 — Wed, 14 Apr 2010 08:00:00 EST

Consumer Reports this week came out with a review of the 2010 Lexus GX 460 SUV. The review rated the Lexus SUV a rare "Don't buy." The reason for the blacklist rating was due to a rollover hazards discovered during testing. Rollover car accidents are some of the most dangerous Washington car accidents that can occur. Serious injury or even death commonly result from rollover car accidents.

It seems as a result of Consumer Reports review Toyota has miraculously decided to temporarily stop sales of its dangerous SUV and fix the problem. The rollover hazard happens when a driver is making a sharp turn then lifts the foot off of the gas pedal. That causes the rear end of the vehicle to slide toward the outside of the turn, a condition known as "trailing throttle" or "lift-throttle oversteer." Hopefully, it's only a calibration issue of the electronic stability control that can be adjuster. Other SUV use the same system without problem in the same test.

A spokeswoman for Lexus, Toyota's luxury-car division, said the company was "puzzled" by Consumer Report's results because it conducts its own tests. Forgive us for being a little jaded when it comes to Toyota making statements about what it knows. We would not be surprised to hear Toyota has known about this rollover problem for moths or years, just like it's gas pedal problem in other cars.

Bothell Teenager Run Over on Sidewalk l Kirkland Pedestrian Lawyer

blog@www.scottmcdonaldlaw.com (news Author)13999 — Fri, 09 Apr 2010 08:00:00 EST

A car driven by a 51 year-old man was traveling east on Highway 522 when it suddenly left the road, jumped a curb, drove over a sidewalk, and hit a pole. A 13 year-old Bothell boy was riding a scooter with two friends on the sidewalk where the car jumped the curb. Two of the boys were able to jump clear of the car, but the car hit a 13 year-old Bothell teenager in what must have been a horrific Washington pedestrian v. car accident.

The teenager was injured in the pedestrian accident and was taken to Harborview Medical Center for treatment. The car driver was also injured and taken to Evergreen Hospital in Kirkland, Washington. The cause of this Bothell pedestrian v. car accident is not yet known. Highway 522 was closed for 2 1/2 hours to investigate the accident.

Accidents involving children and young people under 18 years of age have special rules associated with any injury accident claim. The statute of limitation does not expire on a child's injury case until his or her 21st birthday. Resolutions or settlements of a child's injury claim before they turn 18 years old require review by a Judge in the local court system, even if no lawsuit was filed on the child's case. An independent person in required by law to review and approve any settlement of a child's injury case. Parents are wise to not jump into this minefield without getting some good information and education about the child injury claim process from the start.

We have handled may claims for children injured by cars as pedestrian, bicyclists, and passengers in other vehicles. It's important to consult with an experienced Washington pedestrian accident attorney who has experience with children's cases before signing anything or speaking with that friendly insurance adjuster. If your child has been injured in a pedestrian, bicycle or car accident please call us 425-822-5700 for a FREE consultation.

Marysville Motorcyclist Hit Following Tire Blow Out l Kirkland Motorcycle Accident Lawyer

Max@ScottMcDonaldLaw.com (blog Author)29566 — Tue, 06 Apr 2010 08:00:00 EST

A Marysville man was riding his motorcycle on I-5 near Marysville, Washington when his tire blew out. The man was attempting to move over to the shoulder when a car hit him from the rear, sending the biker to the pavement in what could have been a tragic rear-end Washington motorcycle accident. Luckily, the man appeared not to be seriously injured.

One of the motorcycle's tires was worn out and should have been replaced, the steel cords were visible according to police. However, that does not mean other vehicles get off the hook for hitting a motorcyclist from behind. Washington law states that drivers need to leave enough room between them and other vehicles to safely stop in case of an emergency. RCW 46.61.145. The car here failed to do so and is therefore may be negligent for causing this motorcycle accident. If the biker turns out to be injured, which in our experience is likely even when they say they're fine at the accident scene, the car may be liable for the injuries to the biker.

If the biker makes an injury claim, you can bet that the car's insurance company will say the accident was the motorcycle's fault for riding on bad tires. It's a good point, but does not get the car totally off the hook. The motorcycle may have some comparative fault for the accident because of the tires.

In a case like this, the motorcycle rider needs to order our free book “7 Biggest Mistakes That Can Wreck Your Washington Motorcycle Accident Case” and call for a free consultation. Dealing with the insurance company by yourself in this situation will make it very difficult for the motorcyclist to achieve a good result in his injury claim. Speaking with an experienced Washington motorcycle accident attorney before talking to the insurance adjuster often makes a huge difference.

Ride Safe!

Fatal Issaquah Motorcycle Accident Caused by Being Cut-Off l Kirkland Fatal Motorcycle Accident Attorneys

Max@ScottMcDonaldLaw.com (blog Author)29480 — Mon, 05 Apr 2010 08:00:00 EST

Issaquah, Washington resident Kenneth Solders died following a fatal Washington motorcycle accident on March 24, 2010. Our prayers go out to his family.

Solders was riding his bike on Tiger Mountain Road in the early afternoon of March 24th. A Toyota Tundra driven by an 18 year-old driver approached from the opposite direction. As the truck came closer to Solders' motorcycle it made a left hand turn in front of his motorcycle, cutting him off. Solders did not have enough time to stop or avoid the truck and hit the rear of the truck.

The "Left Cross" is one of the most common causes of motorcycle accidents we see in our Kirkland, WA
motorcycle accident law practice. The 18 year-old driver said he didn't see Solders' bike before making the left turn in front of the motorcycle. We hear this in nearly every "left cross" type motorcycle accident. The negligent driver almost always fails to see the motorcycle coming straight at them.

Unfortunately, the resulting motorcycle v. car or truck accident is horrible for the motorcycle rider. Serious and severe injuries are nearly guaranteed. We have clients who have suffered broken bones to legs, feet, arms, hands, spine fractures, disc injuries to the spine, internal organ injuries, and other traumatic injuries. Too often, a rider can suffer injuries so severe he dies at the scene of the Washington motorcycle accident.

When tragedy strikes a family following a motorcycle accident, the pieces can be hard to pick up. The shock and emotional devastation of losing a loved one can be very difficult to overcome. The last thing many people want to deal with or think about is holding the at fault driver responsible to the damage caused. Unfortunately the severe economic impact a family feels when a spouse or parent is unexpectedly killed by a reckless driver can make the loss a double whammy. Families in cases like this have wrongful death claim to make. Getting help early from experienced fatal motorcycle accident attorneys can ease the severe burden caused by a sudden loss.

Washington drivers need to pay special attention as the sun appears in springtime. With warmer weather and sunny days Washington roads see many motorcycles hitting the road after a long winter slumber. Riders need to expect the unexpected at all times. Assume the car coming at you or around you doesn't see you. Staying focused and having an escape route envisioned for any situation may just be enough to save your life and avoid that Washington motorcycle accident.

Ride Safe!

Bellevue Man Seriously Injured Filling Gas Tank on I-5

Max@ScottMcDonaldLaw.com (blog Author)29355 — Thu, 01 Apr 2010 08:00:00 EST

A couple weeks ago I received a call from my wife Shelly just after she left for work in the morning. It was unusual for her to call at that time. She told me that she had run out of gas on I-90 just after the merge from I-405, and she needed me to bring some gas.

When I arrived with gas, Shelly's car was parked on the shoulder of the freeway with just enough room for me to stand and put some gas in the tank without actually being in a lane of the freeway. However, I was very close to a lane of traffic that was coming off of I-405 and merging onto I-90. Cars were flying by me at over 60 mph. I was lucky a car didn't hit me.

Sunday a Bellevue man, Patrick Franklin, was not so lucky. He was putting some gas in his car on the shoulder of I-5 after running out of gas. A car was traveling down I-5 with a driver who was distracted by his cellphone and perhaps driving drunk. The driver crossed onto the shoulder and hit Patrick as he was standing next to his car fully off the road on the shoulder. Witnesses saw the at fault driver talking on his cellphone just before this Seattle Washington pedestrian v. car accident. For witnesses to see he was on his cell he must not have been using a hands free device as is required in Washington state.

The negligent driver has been charged with vehicular assault and an investigation of drunk driving is still underway. The State Patrol officer on scene stated the driver showed signs of impairment at the scene of the accident.

My heart goes out to Mr. Franklin. I know how scary it was to be standing on the side of a busy freeway, however, being hit by a car doing 60 mph is horrible. My prayers are with him.

Unfortunately, this is another example of a distracted Washington driver hitting a pedestrian. Pedestrian v. car accidents often result in very serious injuries, broken bones, spine injuries, head trauma, and closed head brain injuries are common. When you are serious injured in a Washington pedestrian accident it's important to get some eduction on your rights before signing and forms or speaking with the insurance adjuster. Order your FREE copy of "The Guide To Washington Injury Cases" on this website or by calling 425-822-5700 and get some great information about the injury claim process first.

Max Meyers

Yelm Motorcycle Rider Rear-Ended Resulting in Life Flight

blog@www.scottmcdonaldlaw.com (news Author)13562 — Sun, 21 Mar 2010 08:00:00 EST

James Stilton of Yelm, Washington was out for a Saturday ride on his 1997 Harley Davidson when he was involved in a serious Washington motorcycle accident. Mr. Stilton was riding northbound on Vail Road when he slowed to make a left hand turn onto Hannus Road. A Dodge Ram pick-up truck was driving behind Mr. Stilton and failed to notice him slowing to make the left turn.

The driver of the truck, a 26 year-old Yelm man was not paying attention and slammed into the rear of Mr. Stilton's Harley. As you can image a large pick-up truck hitting the rear of a motorcycle resulted in a very serious collision. Mr. Stilton suffered serious injuries as a result of this Washington motorcycle accident and was airlifted from the accident scene to Harborview Medical Center.

The truck driver was arrested and will likely face vehicular assault charges.

The 2010 motorcycle season is well under way and unfortunately car and truck drivers are not noticing the increase in motorcycles on the road. If you ride, please do all you can to make your self visible, wear bright color clothing and reflective clothing. Nobody wants their summer ruined by trying to recover from the broken bones and other serious injuries that follow Washington motorcycle accident injuries or worse.

Ride Safe!

Mercer Island Man Dies After Laying Down Bike

blog@www.scottmcdonaldlaw.com (news Author)13520 — Sat, 20 Mar 2010 08:00:00 EST

A 68-year old Mercer Island, WA man died Friday, March 19, 2010 following his Woodinville motorcycle accident. The man apparently slid out in a Woodinville, WA intersection while attempting to make a left turn in front of a 2004 Jeep Liberty. The man somehow laid his 2007 Kawasaki Ninja down while making the left turn causing him to slide in front of the oncoming Jeep.

As a result of the Washington motorcycle v. car accident the Mercer Island man hit his head. Police report the motorcycle may not have hit the Jeep but the Mercer Island man's body did slide into the Jeep. Although the man was wearing a helmet his head hit the Jeep during the collision impact causing severe head injuries to the motorcycle rider. The motorcyclists head injuries proved fatal as he died at the scene of the motorcycle crash.

Our prayers and condolences go out to this man's family.

As warm sunny spring days start here in Washington, riders need to be extra careful on the roads. Intersections may have gravel, dirt, and other debris in them, which has accumulated during the winter months. Also, cars are not used to seeing motorcycles and scooters on the roads, so they may be even more prone to not seeing you. Please ride with extra caution as the 2010 motorcycle season gets underway here in Washington state.

Woman in Grave Condition Following Seattle Crosswalk Accident

blog@www.scottmcdonaldlaw.com (news Author)13521 — Sat, 20 Mar 2010 08:00:00 EST

A 45-year-old woman was involved in a serious Seattle crosswalk accident near the University of Washington. The woman was crossing the street at the intersection of NE 45th Street and 36th Avenue NE in the University District. NE 45th Street is a very busy five lane road in that area.

The woman began crossing the street in a marked crosswalk when a car traveling east on NE 45th Street hit her. The woman was in the marked crosswalk when this Washington car v. pedestrian accident happened.

As a result of the impact the woman suffered serious and life threatening injuries. The injuries were so severe that emergency responders had to give the woman CPR and she was rushed to Harborview Medical Center for urgent care.

Our office sends our prayers and well wishes to the pedestrian. We once again urge all pedestrians to be extra careful while on the road, especially when you are crossing it. Always cross the road from the designated area, only after you have checked that no vehicle is coming. It is a good idea to check the road a couple of times before stepping off the sidewalk to cross a busy street, even if you're in a marked crosswalk with a walk indicator illuminated. More and more vehicle drivers are distracted by cellphones, Ipods and countless other things. Exercising extra caution may just save you from serious injury or even save your life.

When is it safe to turn the child seat to face forward?

blog@www.scottmcdonaldlaw.com (news Author)13374 — Fri, 12 Mar 2010 08:00:00 EST

When is the right time to turn your child's car seat from facing backward to facing forward? New guidelines dispel old rules in favor of greater safety. The American Academy of Pediatrics (AAP) is revising recommendations on how long a child should spend riding in a rear-facing car seat.

When children are in a Washington car accident the forces they experience are more extreme when in a forward facing car seat. Impact forces can jerk a child's head away from their immature bodies causing injuries to the spine. While rear-facing seats are safer because the entire back of the body absorbs the impact force.

Children are safer if they remain in rear-facing car seats until the upper height and weight limits of their car seat. Many seats top out at 35 lbs. in the rear-facing position, which many children don't reach under they are 3-4 years old. Current AAP and NTHSA guidelines state its okay to turn the car seat to forward facing when kids are 1 year old and weigh at least 20 lbs.

A 2007 article in Injury Prevention showed that U.S. children are five times less likely to be injured in a car crash between their 1st and 2nd birthdays if in a rear-facing car seat. The study found that its rare to find spine injuries in accidents with kids in rear-facing seats. The vast majority of serious injuries where seen in crashes with kids in forward-facing car seats.

Don't view switching the seat around as a rite of passage, which is common for parents. Instead be slow to switch and only when necessary. Switching from rear-facing to forward-facing to booster all result in the loss of some safety, so only switch when necessary.

New Tough Cellphone Law Begins June 10th

Max@ScottMcDonaldLaw.com (blog Author)28165 — Fri, 12 Mar 2010 08:00:00 EST

A tough new cellphone law has been signed into law by Gov. Gregoire and takes effect June 10, 2010. The Washington legislature passed a measure that makes using a cellphone without a hands free device and texting while driving a primary offense punishable by a $124 fine. With this new law we can hopefully start to see a reduction in the number of Washington car accidents linked to cellphone use.

What does making it a primary offense mean to you? It means the police can pull you over based on that offense alone. Previously the cellphone hands free law has been a secondary offense meaning the police had to have another reason for pulling you over, like speeding, before they could ticket on the cell phone use. Hopefully, not anymore. Now all police will need to see is you with a phone in your hand and bingo, ticket time. The phone doesn't even need to be to your ear, just in your hand.

There's more good news in the new law. Teenagers are completely banned from using cellphones, both talking and texting, until they have a full driver's license. If a teenager has a learner's permit or intermediate driver's license its illegal to use a cellphone in the car period, end of story. This is a great idea. Teenage driver's are the least experienced and need to focus their attention on driving not texting their friends.

A recent study at the University of Washington found that on a daily basis 1 out 16 drivers is using a handheld cellphone on Washington roads. During rush hour the number climbs to 1 out 13 drivers is using a handheld cellphone while driving. Here in Kirkland I think those numbers are very low, seems more like 1 out 5 cars.

The study observed nearly 40,000 drivers from February 12-28, 2010. Drivers were seen making calls, texting, and otherwise using their phones in one hand and driving with the other hand. The study also found that drivers who were using their cellphone were almost always alone in the car.

Many studies have documented the ways cellphones distract drivers. Distracted drivers cause many of Washington's car accidents each year. Hopefully, this new law will help reduce those numbers.

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.

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.

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 rider training, but being better educated about the rules of the road and how to ride safely 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

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

blog@www.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.

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?

Seattle Crosswalk Accident Result in Fatality

blog@www.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

blog@www.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.

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.

New Law Proposed to Increased Criminal Penalties in Bicycle Accidents

blog@www.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.

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.

WA Crane Companies Failing Comply with New Safety Law

blog@www.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.

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.

Flying Car Accident Debris Injures Pedestrian l Seattle Car Accident Attorney

blog@www.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.

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.

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

blog@www.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

blog@www.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

blog@www.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.

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.

Seattle Window Washer Survives 8 Story Fall

blog@www.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?

blog@www.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.

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.

What common child accessory has amputated fingers on 12 kids?

blog@www.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.

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!

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

blog@www.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.

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.

Confessions of a Washington Trial Attorney l Kirkland Injury Attorney Max Meyers

Max@ScottMcDonaldLaw.com (blog Author)20262 — Mon, 19 Oct 2009 08:00:00 EST

As a Kirkland Personal Injury Trial Attorney I most often represent people making claims against another driver. A typical personal injury case has three phases: 1) client treating injuries, 2) pre-litigation negotiations, and 3) litigation. My job as a plaintiff's trial attorney centers on my litigation skills and experience. However, there is another factor that I see coming into play more and more, my gut. In a recent case my gut reaction on the first day of trial was so strong I felt nauseas.

You often here the phrase "Go with your gut" when faced with a difficult decision. As a young trial attorney that seems crazy, lawyers only go with what they know for a fact. Lawyers after all do not ask questions in trial that they do not know the answer to already, right!? Well at least that's the mindset. Nothing is left to chance or instinct when it comes to trial.

I generally agree with this thinking when it comes to the nuts and bolts of preparing your case for trial. However, your gut instinct can come into play along the way.

Recently I had a case going to trial. It was a dispute between two former friends over ownership of certain objects. In this particular case I was representing one of the defendants in the lawsuit. There were many ill feelings between the former friends. One side claimed the other was basically a thief while the other claimed the disputed property was given in trade for work performed.

Documents were exchanged, depositions were taken, and witnesses were interviewed. Settlement negotiations in the case had never been fruitful because of the polarized positions and hurt feelings of the parties. However, after gathering all of the facts and evidence I strongly recommended my client settle the case. My client made a small settlement offer in the days before trial but it was refused with no counter offer. Meaning we were going to trial.

Any trial attorney will tell you that preparing for a trial is a hugely time consuming and stressful endeavor. Late nights and early mornings are very common in the days leading up to trial. This case was no different in that respect, but there was something different in how I felt physically.

As I worked on my cross exam of the adverse party the night before the trial I began to feel a knot in my stomach. I knew the case would be difficult to win, I thought we had maybe a 50/50 shot depending on which witness showed up and what each of them said. I wrote it off as normal stress of the case. The next morning I woke up feeling sick to my stomach, which was not normal. Normally I have pre-trial jitters because of the adrenaline pumping in anticipation of the start. But this time it was different.

I knew I wasn't sick with the flu or anything like that, instead it was the trial. This is a difficult thing for me to admit and no attorney wants to acknowledge in the moment before walking into court on day one of trial, but my gut was telling me that we were going to lose. No question, absolutely lose.

This had never happened to me in over eleven years of trial work. The feeling did not pass and as I sat with my client outside the courtroom in the hallway. I was left with a decision. Do I tell him or not? Of course you do, I confided in my client that I felt deeply troubled that he was making the wrong choice to proceed to trial and we should make one last attempt to settle the case.

Luckily, my client trusted me as his lawyer and friend to give sound advice, which in this case was based on a very strong gut reaction. We made a last minute settlement offer and were able to work out a decent settlement literally at the front door of the courtroom minutes before the trial was to begin. I later heard the other party calling their witnesses and telling them not to come, two of which would have in all likelihood doomed my client.

Lesson learned, when your gut tells you something in such strong terms, Listen!

Max Meyers, Esq.

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.

Do Cell Phones Cause Enough Driver Distraction to Kill?

blog@www.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

blog@www.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

blog@www.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.

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.

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

blog@www.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.

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.

Toyota Lawyer Alleges He was Ordered by Toyotay to Destroy Evidence

blog@www.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

blog@www.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.

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

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.

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.

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.

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

blog@www.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

blog@www.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.

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.

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

blog@www.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.

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.

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

blog@www.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

blog@www.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

blog@www.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!

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.

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!

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.

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.

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

Colorado Women Gets 3 years For Killing Two Bicyclists

blog@www.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

blog@www.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.