Scott McDonald and Associates PLLC Blog

Man Running to Work Hit By Semi-Truck in West Seattle

Wed, 26 Oct 2011 00:00:00 EST

With the closure of the Alaska Way viaduct in Seattle this week people are walking and even running to work. Tragedy fell on a runner, Tim Nelson, yesterday morning in West Seattle as he was running to work to avoid the viaduct closure traffic jams. A semi-truck appears to have hit the Mr. Nelson from behind without warning in a horrible Seattle semi-truck v. pedestrian accident.

Mr. Nelson suffered a broken back, fractured skull, collapsed lung, broken arm, and broken shoulder. He is lucky to be alive! It's unknown at this time why the semi-truck failed to see Mr. Nelson running as a pedestrian on the Lower Spokane Street Bridge.

Semi-trucks have special rules and regulations they must follow because of the extra danger they pose on roadways. Driver fatigue, improper maintenance, distraction, speeding, and many other things can contribute to a semi-truck driver causing a serious semi-truck accident. Because of these special rules and regulations it's important for people hit by a semi-truck to get an experienced attorney right away.

A thorough investigation needs to be completed on the accident and the semi-truck involved as soon after the accident as possible. Injury victims unfortunately don't necessarily have the luxury of waiting to find legal help without possibly damaging their case significantly. The insurance company for the semi-truck already has its attorneys doing an investigation for them. Scott McDonald and Associates is experience at helping injury victims involved in semi-truck accidents in Washington.

Mr. Nelosn's friends are planning a fundraiser to help Mr. Nelson with his medical costs. It will take place November 11 at The Capitol Club in Seattle. They even created a Facebook page to promote the event:

https://www.facebook.com/event.php?eid=209807919092948

Fatal Accident Involving 2 Semi-Trucks on I-90 Kills 2

Mon, 17 Oct 2011 00:00:00 EST

Another car accident involving two semi-trucks has resulted in death. According to news reports a fatal Washington car accident involving two semi-trucks and two cars at Snoqualmie Pass on I-90 has resulted in the death of 2 people.

It appears a car was smashed between the back of one semi-truck and front of the other semi-truck. Our prayers go our to the families of the deceased. Less than three months ago one of client's had her daughter killed in a collision on I-90 involving semi-trucks. To say the effects of such a horrific collision are life altering is an understatement.

Families in situations like this are faced with hard decisions. An unexpected death of a loved one often leaves families in a bit of a hurricane of questions, few answers, and many decisions to be made in a short time. In times like these having a trusted friend to assist with the aftermath is key.

No one wants to think about dealing with who caused the collision, who was at fault, who witnessed the accident, and making sure key evidence is not lost. Unfortunately, that is exactly what insurance company lawyers are doing immediately following a fatal Washington semi-truck accident. Families often have to play catch up in the weeks or months following the fatal collision.

The Washington State Patrol does a crash investigation, but that does not mean you can leave everything up to them. Police are often looking at an accident from a slightly different perspective, a criminal versus civil liability perspective. An independent investigation is necessary to make sure every piece of evidence is collected that may be needed in any future the civil case. It is not uncommon for semi-truck lawyers to appear at the accident scene with their experts to collect evidence and speak with witnesses to get statements as fast as possible. They are looking to limit liability with minutes of the accident being reported.

Because of this families should enlist the help of an experienced Washington wrongful death attorney as soon after the accident as possible. The family needs an attorney to investigate the accident, find experts to help, and collect all the evidence needed so any future wrongful death claims are preserved. This way the family has all options available to them when they are ready to deicide what to do.

If you have lost a loved one in a fatal Washington semi-truck accident call the experienced wrongful death attorneys at Scott McDonald and Associates, 425-822-5700. We will take the time needed to answer all your questions and help you through this time of need. We are happy to visit you where ever you feel comfortable, you don't have come to a lawyer's office to get the legal help you need.

Window Tint in Sunnyside, WA new Hot Button Issue for Police

Tue, 19 Apr 2011 00:00:00 EST

Sunnyside, Washington Police increasing enforcement of Washington window tint law. Are you're car's windows so dark you can't see inside? Better avoid Sunnyside, Washington. Otherwise it could cast you a $124 ticket.

New tint meters helping police crack down on this issue. With state and city governement budgets in the red citizens can expect more creative ways to enforce laws that historically have been ignored.

Fatal Tri-Cities WA Motorcycle Accident Kills Husband and Injures Wife

Mon, 14 Feb 2011 00:00:00 EST

A couple days ago a husband and wife were out for a ride on their motorcycles in West Richland, Washington when a car came around a corner in their lane. The car had crossed over the center line where it crashed into Joel Vance's bike and Lorri Vance's bike, throwing both of them into the ditch, as a result of this horrible head-on Richland WA motorcycle accident.

Mr. Vance suffered severe injuries and died as a result of the motorcycle accident. Mrs. Vance also was injured but her injuries were no like threatening. She was taken to Kadlec Regional Medical Center in Richland where she is in stable condition. Our prayers go out to Mrs. Vance and the Vance family.

Speed is believed to be the cause of the car crossing into the motorcycles lane of travel. When a car causes a fatal motorcycle accident like this a Washington wrongful death claim arises. Mrs. Vance was not only injured physically but she has lost her husband, which anyone knows is emotionally devastating. In situations like this, life as you know it is changed forever in an instant. Eventually Mrs. Vance or other family members will get to the question of "Now what do we do?"

Picking up the pieces of a shattered life is never easy and should not be done alone. When the negligence of another driver is the cause of the fatal motorcycle accident, the at fault driver is responsible for a lot of burden the family experiences. The loss of a husband or spouse often means the family's financial health has been severely impacted. Making sure the at fault driver's insurance and any other means of payment are availalbe and readily obtained is a task many grieving family members do not want to take on nor should they take on.

Wrongful death claims are complicated and experienced legal help is always a good idea. Having an experienced Washington wrongful death attorney on your side and fighting for your families legal rights is imperative in cases like the Vance's. The attorney can take the burden of making sure everything involved in the motorcycle accident and insurance claims are handled correctly and no mistakes are made, whicle they widow and family can concentrate on healing from such an emotional loss.

If you or a loved one is facing this type of situation get good and experienced legal counsel as soon as possible. It will make the process much easier and protect the family as much as possible at the same time.

Motorcycle Rider Killed in Lacey Accident, Alcohol Suspected

Thu, 10 Feb 2011 00:00:00 EST

Last night during the evening commute a suspected drunk driver hit a motorcycle rider head-on killing the rider. This fatal Washington motorcycle accident happened in Lacey on Steilacoom Road near its intersection with Salmon Lane East. Our prayers go out the the rider's family.

A 1988 Dodge Dakota was driving eastbound when it crossed the double yellow center line and hit the 1971 BMW motorcycle head on. The 55 year-old Shelton man who was riding the BMW motorcycle was pronounced dead at the scene of this horrific Lacey motorcycle accident. The 39 year-old driver of the Dakota was arrested on a charge of vehicle homicide and taken for a blood alcohol test.

Tragedy can strike in a blink of an eye. Whether alcohol was a contributing factor or whether the other driver was distracted by something, it really doesn't change the fact that a Washinton motorcycle rider has lost his life due to the negligence of another driver. A family has lost a husband, father, or son. The Dakota driver will also have to live with his mistake that took the life of another person. Both families with suffer greatly.

It's hugely important for Washington drivers to realize that motorcycles and other two wheeled vehicles will be on the roads whenever the sun comes out in Western Washington. Yesterday was a beautiful sunny day, motorcycles are on the road on days like that regardless of winter temperatures. Please as a driver beware of this and watch for our two wheeled friends.

When a Washington motorcycle accident takes the life of a rider, horrible economic crisis can hit a family that loses the source of primary financial support. When a drunk driver causes a fatal Washington bike accident in our experience it's not uncommon to find the drunk driver has very little, if any, car insurance. That's why is so very important to protect your family with the most underinsured/uninsured motorist coverage (UIM) you can buy on your motorcycle insurance policy.

If you or a loved on has suffered an injury or loss of a loved one in a Washington motorcycle accident do not wait to get the information you need to begin to process your injury claim or determine if you need the help of an experienced Washington Motorcycle Accident Lawyer. Before you hire an attorney or speak with the insurance adjuster get your No Cost copy of the 7 Biggest Mistakes That Can Wreck Your Washington Motorcycle Accident Case here on our website.

Over 40% of Police Car Accident Fatalities Related to No Seat Belt Use

Wed, 05 Jan 2011 00:00:00 EST

42% of police officers killed in car accidents over the last 30 years were not wearing seat belts, according to a federal review.

The National Highway Traffic Safety Administration (NHTSA), which analyzed 733 crashes from 1980 through 2008 and found 42% of fatal police car accidents involve officers failing to wear safety restraints in their vehicles. Some officers resist wearing seat belts because the belts slow their movement in and out of the cars. Officers also complain that the belts get tangled in utility and gun belts.

The National Law Enforcement Officers Memorial Fund reports a 37% overall increase in line of duty deaths in 2010, reversing two consecutive years of decline. Included in that number, traffic-related fatalities jumped from 51 in 2009 to 73 in 2010. Of the officers killed in vehicle crashes, 28% used some kind of restraint in the 1980s, according to the NHTSA report. Usage increased to 56% in the 1990s. But the report found that seat belt or other restraint use has recently declined to about 50%.

As you can see police are not exempt from the dangers associated with car accidents. Seat belts save lives, even if they are inconvenient to use at times.

Emergency Vehicles Get Better Protection by New Law

Thu, 16 Dec 2010 00:00:00 EST

When driving on our state highways you better move to the left lane when you see the flashing lights of an police car or other emergency vehicle. Starting in June 2011 drivers can be hit hit with a $248 fine if they don't slow down and move over before they are within 200 feet of a stopped emergency vehicle with its lights flashing.

The injuries suffered by policeman, construction workers and tow truck drivers when hit by cars traveling at freeway speeds can be catastrophic, including sever head injuries, multiple broken bones, and even death. Giving Washington emergency workers a greater safety cushion should save lives and injuries to these highly vulnerable workers.

A few years back Scott had a client who had his truck break down on the freeway. He was on the shoulder clearly out of traffic. However, a driver somehow lost control of her car and slammed into the client as he stood by his car. The client suffered a sever injury to his leg, which resulting in the amputation for his lower leg below the knee. This was a life altering Washington freeway accident that happened in a blink of the eye because of the high speeds cars travel on freeways.

The new "Emergency Zone Law" will hopefully prevent this type of horrific injuries following on emergency workers in Washington. You have to slow down and move over when you are 200 feet behind or in front of an emergency vehicle with its lights flashing.

Seattle installs "Bike Box" on Capital Hill, new bicycle safety device

Wed, 29 Sep 2010 00:00:00 EST

This week Seattle installed a new bike safety device called a "bike box" at the intersection of 12th Avenue and Pine on Capital Hill. A second bike box is schedule to be installed at 12th Ave and Madison later this fall. The purpose of the bike box is to encourage more bicycling in Seattle by creating a safer roadway. Hopefully it will also reduce the number of Seattle bicycle accidents involving vehicles.

The bike box consists of a green box with a white bicycle symbol inside. The green box is paint in front of the white car stop stripe. The box prevents bicycle/car collisions by placing cyclists at the front of the vehicle queue. The boxes improve safety for all roadway users by increasing awareness and visibility of cyclists; helping cyclists make safer intersection crossings, especially when drivers are turning right and bicyclists are going straight; and encouraging cyclists to make more predictable approaches to and through an intersection.

According to the SDOT: Cars must stop behind the white line at the rear of the bike box and cyclists should enter the box itself. When the light turns green, cars and cyclists may move through the intersection as usual, with cyclists going first. Motorists turning right on green should signal and watch for cyclists to the right, especially in the green bike lane of the intersection. New signage will help motorists and cyclists understand the new roadway feature. No right turns on red are allowed at these intersections.

Other U.S. cities have found success using these bike boxes. Portland, New York City, Baltimore and Minneapolis all use bike boxes.

Serious injuries often result from Seattle Bicycle - car accidents including traumatic brain injuries, broken bones and death. Washington state law, RCW 46.61.755, says that a bicyclist has all rights and responsibilities that a vehicle driver has. About 700 bicyclist die every year in bicycle accidents, two-thirds of those suffered a traumatic brain injury in the accident. Helmets are key to putting yourself in the best position to avoid the most serious head injuries or death.

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

Fri, 03 Sep 2010 00:00:00 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

Mon, 09 Aug 2010 00:00:00 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

Fri, 30 Jul 2010 00:00:00 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

Wed, 28 Jul 2010 00:00:00 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

Mon, 26 Jul 2010 00:00:00 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

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

Thu, 08 Jul 2010 00:00:00 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

Wed, 07 Jul 2010 00:00:00 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.

"Melrose Place" Beauty Charged in Fatal DWI Car Accident

Tue, 29 Jun 2010 00:00:00 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

Wed, 16 Jun 2010 00:00:00 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.

CNN article discusses Clash between Bicycles and Cars

Wed, 12 May 2010 00:00:00 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!

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

Tue, 20 Apr 2010 00:00:00 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.

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

Tue, 06 Apr 2010 00:00:00 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!