Washington Law Blog
Personal Injury, Car Accidents, Trucking Accidents,
motorcycle accidents and consumer law blog...

  • * First Name:
  • * Last Name:
  • * Email:
  • * Phone Number:
  • Comment:
  • Accept Terms *
  • *Denotes Required Field

Law Blog Categories

Car Accidents
3 Reasons to Hire Phillips Webster

Our attorneys have decades of experience negotiating with insurance companies regarding all types of vehicle accidents. If you have been injured in a wreck, contact us today.

  1. We represent EVERYONE in need anywhere in Washington - Minor and Major Injuries
  2. Experienced trial attorneys that will fight for your right to recover compensation
  3. FREE Case Review and we only get paid if you get paid
Learn more about our:
Seattle Car Accident Lawyers

Verdicts & Settlements

$20 MILLION - Commercial Injury
Confidential settlement for a commercial injury case

$19  Million - Grant of Coverage
Grant of coverage in insurance coverage case

$2 MILLION - INSURANCE BAD FAITH
Settlement in insurance bad faith case

$1.5 MILLION - CAR ACCIDENT WRONGFUL DEATH
Vancouver, Washington car accident that resulted in a death

$1 MILLION - DUI ACCIDENT VICTIM
Settlement for young man hit by a drunk driver

Our jury trial experience shows in the results we get both inside and outside of the courtroom.

More Verdicts and Settlements

 

Posts Tagged ‘damages’

Washington Car Accidents Involving Impaired Drivers

damages, driving under the influence, DUI, fatalities, impaired drivers, Washington auto accidents lawyers, Washington car accidents

October 29th, 2009: Washington Law Blogger

Driving while under the influence of an intoxicant is an issue that’s been at the forefront of traffic safety policy for many years, with millions of dollars being spent on public campaigns regarding the issue, enforcement of laws that are becoming progressively tougher and of course the fallout that occurs after every crash that involves an impaired driver. Many of these costs occur in the form of damages that are sought with the help of Washington auto accidents lawyers, and if this has happened to you, help is available.

One look at the statistics kept by the Washington state government should alert anyone who sees them that this is not an issue that’s become less of a problem relative to years past. According to the Washington Traffic Safety Commission (WTSC), there were 1,221 fatal crashes in the state involving impaired drivers between the years of 2004 and 2008. In all, 1,363 people were killed in these crashes, which comes to an average of 273 deaths per year and 23 per month. These fatal crashes also account for nearly half of all fatal crashes in Washington during this five-year period.

Therefore, anyone can see that this is still an enormous problem in Washington as it is everywhere else. When someone is injured in a crash by an impaired driver, he or she still has legal rights in civil court even though these drivers are prosecuted in a criminal sense for any number of charges that can include serious felonies that involve substantial prison terms if the driver is convicted.

In fact, being convicted of DUI in Washington can actually serve as a boost to a case brought by an injured party in civil court, as the burden of proof is much higher in a criminal context than it is in civil court. However, that does not mean that pursuing and ultimately obtaining a justifiable recovery is a simple matter. In fact, the opposite is true, as there are several specific steps that need to be taken and several laws that need to be followed in order for a valid claim to properly proceed.

Rather than attempt to handle this situation yourself, you need to secure the help of an experienced Washington auto accidents lawyer to make sure you’re doing everything possible to pursue your recovery. Contact Phillips Webster today to schedule a free initial consultation.

Motorcycle Accident Liability in Washington

damages, injuries, motorcycle accident liability, Motorcycle Accidents, Washington motorcycle accident lawyers

October 27th, 2009: Washington Law Blogger

Motorcycles are always a thrill to ride, and given the current economic conditions around Washington and the United States, they are also increasingly being seen as a viable economic choice given their fuel efficiency and other cost issues. However, they are also dangerous, and given the exposure that all drivers and passengers on these vehicles face, motorcycle accidents tend to lead to disastrous results for those involved. If this has happened to you, you’ll need to find help in the form of a Washington motorcycle accident attorney. Below is an overview of the issue of motorcycle accident liability in Washington.

1. Relevant Laws

Motorcycle passengers must adhere to several special laws that apply only to their vehicles, and by far the most relevant statute involves the requirement to wear a helmet. Basically, when it comes to a question of liability in motorcycle accidents, an injured motorcycle driver or passenger must be able to show that he, she or they were following all relevant laws in order to prevent a recovery of damages to be reduced in amount or dismissed altogether.

2. Facts

Every motorcycle accident ultimately comes down to the facts, and in cases like these those facts will determine which party or parties should incur fault for any injuries or property damage that results. These facts are usually gleaned from the police report that follows the accident including any witness statements and perhaps medical records that could help to determine just how much in damages that the injured party suffered.

3. Conditions

Washington is a state with a mild climate, but it’s also very wet in the winter months. As is the case with any vehicle, motorcyclists encounter a higher degree of risk when roads are wet and visibility is limited due to rain and splashing water on the roads from other vehicles. It is possible that an injured motorcyclist could see his or her damages reduced if it’s decided that the conditions were such that riding a motorcycle at the time was seen as an unreasonable risk.

Overall, the determination of liability in a motorcycle accident in Washington will come down to the facts, the laws, the conditions and what can be proved in court. If you or someone you love has suffered as a result of a motorcycle accident in Washington, contact the motorcycle accident attorneys at Phillips Webster today to schedule a free initial consultation.

Unlicensed Drivers and Accidents in Washington

Auto Accidents, damages, injuries, unlicensed drivers, Washington auto accidents lawyers

October 20th, 2009: Washington Law Blogger

When we drive in Washington, we always deal with unknowns. Most of these unknowns relate to other vehicles on the road with us, and one of the most troubling involves the number of unlicensed drivers who may be near us at any given time. Those on the road could be people with no license at all or those who have had their driving privileges suspended or revoked because of prior violations. Those who are injured by an unlicensed driver need to contact a Washington auto accidents lawyer as soon as possible.

A perusal of the statistics regarding unlicensed drivers in Washington are troubling. Consider the following:

  • Between 15 and 20 percent of drivers involved in fatal crashes are not properly licensed
  • More than 100 people on average are killed every year in Washington by someone not properly licensed
  • An estimated 15 percent of all drivers on Washington roads are not properly licensed
  • In 2002, 59,000 people were convicted of driving with a suspended or revoked license

What’s worst is that no one can be sure how many people are driving without the privilege to do so at any given time, and many of those who are not licensed are in that situation because of serious problems they’ve encountered in the past.

In terms of legal rights, many people are not sure where to turn for help if it turns out that someone who injured them in an accident does not have a license. One of the reasons is that most people who do not have a license do not have auto insurance either, making it more difficult to pursue a legal claim for damages. However, that does not mean that you should simply give up if you’ve been harmed by someone in this situation.

There are options for many people who have been injured by an unlicensed driver, including working through their own insurance carriers. Many people have uninsured motorist coverage that can provide benefits for policy holders who incur damages from someone who should not have been driving, and the driver is still at fault and can be pursued legally regardless of his or her insured status. If you would like to obtain the answers you need, contact the Washington auto accidents lawyers at Phillips & Webster as soon as possible to schedule a free initial consultation.

Maximizing Your Washington Car Accident Settlement

Auto Accidents, damages, injuries, lost income, medical costs, pain and suffering, property damage, settlement, Washington car accident

October 5th, 2009: Washington Law Blogger

Thousands of auto accidents occur in Washington every year, and when they do occur, it immediately triggers certain processes to begin. Anyone who has been involved in such a scenario understands that any collision will involve statements to authorities and police reports as well as insurance agents and adjusters representing all of the parties involved in a crash. If you have been injured as a result of a car accident in Washington, you should also immediately seek the help of an experienced auto accident attorney, as any sort of compensation that could be available to you will likely be maximized by securing this sort of help.

When you have been injured in an accident, one of the first parties you’ll likely hear from is the insurance company from the other driver. While the ‘official’ mission of these companies is to simply find out what happened that led to your injuries, the reality is that every insurance company has a team of in-house defense attorneys working for them to do whatever is possible to minimize their financial exposure when one of their policy holders is at fault for an accident.

Therefore, the last thing you should do when you hear from these parties is offer a statement. Instead, refer them to your attorney, which is only one of the many ways in which you’ll be taking steps towards maximizing your Washington car accident settlement. An experienced attorney will know exactly what to say and not to say to the other party’s insurance company and/or attorney, thereby making sure that you don’t leave yourself open to a reduced amount.

After the initial steps regarding your case have been taken, including the filing of a legal action if necessary, your attorney will be able to analyze your situation as a whole and take every potential loss you could incur into account. These potential damages could include:

  • Property damage to your vehicle
  • Medical expenses
  • Lost income
  • Ongoing medical needs and their associated costs
  • Pain and suffering
  • Loss of companionship

The list above are merely examples, and do not represent all of the potential types of damages available. Additionally, not every type of damage award would always be relevant to your case. Regardless, you need an attorney who not only understands how to properly quantify your damages, but also how the governing laws apply to your situation, how to negotiate with the other side and how to cut through the red tape that could delay the payment of your settlement for years.

Therefore, if you have been injured in an accident in Washington, contact the auto accidents attorneys at Phillips & Webster today to schedule a free initial consultation.

Washington Supreme Court Rules Parents Can Recover for Death of Child

children, damages, parents, services, Washington Supreme Court, Wrongful Death, wrongful death lawyer

September 11th, 2009: Washington Law Blogger

Wrongful death actions are always emotionally charged and difficult to navigate through for the family members who have lost someone before their time. This is especially true when the person who is wrongfully killed provided any sort of financial support for those who remain behind. However, this situation only grows more difficult and complex when parents have been depending on financial and service-oriented contributions from their child and that child is the victim of a wrongful death.

Such a case unfolded recently in Washington, and the issue made its way to the Washington Supreme Court. In the matter of Armantrout vs. Carlson, the wrongful death action concerned the death of an 18-year-old woman who had been providing care and financial help to her mother, who was blind with diabetes. This care included help with daily medical treatments and other services that would otherwise have been provided by a professional health care service. She had ankle surgery done and died soon thereafter because of the formation of a pulmonary embolism in her lung.

The victim’s parents sued the clinic and won a judgment that included damages for the care services lost by their daughter’s death and her contribution to the family in the form of her Social Security checks. The clinic appealed, and the original decision was overturned because the services provided by the daughter were not paid for directly and therefore not subject to damages per se.

However, the Supreme Court overruled the appellate decision and reinstated the original trial court decision based on the construction of the relevant statutes. The court’s opinion stated, in conclusion, that the trial court had explicitly excluded the everyday services that a child would provide for parents and pointed out that a monetary value could be placed on the care and benefits provided by the decedent. As such, the Supreme Court held that those parents in Washington who do depend on their children for support can rightfully sue for wrongful death and recover economic damages.

If you have suffered this sort of unspeakable loss, you need the help of Washington wrongful death lawyers who will allow you to focus on your emotional recovery while they handle the legal aspects of your claim. Contact Phillips & Webster today to schedule a free initial consultation.

Washington Supreme Court Restores $14M DUI Accident Verdict

damages, DUI, DUI accident, DUI accident attorneys, injuries, liability, negligence

July 17th, 2009: Washington Law Blogger

When someone gets behind the wheel after drinking and causes injuries or worse, the parties who could be liable extend beyond the driver who caused the crash. While many states have a law in existence that’s known as the Dram Shop Act, Washington’s liability standards are not as clear. This is partially what led to the overturning of a trial court award by the Appellate Court for a disabled child. Yesterday, the award was restored by the Supreme Court.

According to the Seattle Post-Intelligencer:

“The Supreme Court in Washington state on Thursday unanimously reinstated a $14 million award to a family who sued a tavern and a bartender after one of the bar’s customers drove away from the establishment and collided with their car, leaving a 7-year-old-boy a paraplegic.

Under state law, bartenders who serve visibly intoxicated customers are liable for damages to potential victims. At question was the type of evidence needed to prove “negligent overservice.”

Washington state’s justices noted that a forensic consultant found that the bar patron – Hawkeye Kinkaid – likely drank the equivalent of either 21 12-ounce beers or 30 ounces of 80-proof alcohol, and probably had a blood alcohol content of 0.32 at the time of the collision. The legal threshold in Washington state is 0.08.”

While this situation remains a senseless tragedy for many involved, including the driver who was killed in the accident, the boy who faces a lifetime of struggle will now be able to rest assured that his care will be paid for adequately. If you or someone you love has been harmed in a DUI accident, contact the attorneys at Phillips & Webster today to schedule a free initial consultation.

What Happens if You’re Injured by a Public Vehicle

attorneys, Auto Accidents, damages, government, injuries, publicly-owned vehicles, seattle

June 9th, 2009: Washington Law Blogger

Although it seems like a rare occurrence to most, auto accidents with publicly-owned vehicles are somewhat common, and when they occur an entirely separate set of procedural rules apply if the person who’s been harmed by a vehicle that’s being driven by a government employee or official intends to file a legal claim for the damages incurred. We posted yesterday about what could happen when someone is injured by a company-owned vehicle, and that’s a situation that’s quite distinct from this one.

If you have been injured by a government vehicle in an auto accident that’s not your fault, then you will likely need to file a claim against the city, the county, the state or the federal government, depending on what type of vehicle was involved. If it’s a local government vehicle, you have some work to do before you can file a lawsuit. You need to file a statement with the city that details your intent to pursue a claim, and the city has time to review the situation and decide whether or not to settle or to refuse any request for damages.

If the city does not agree with your assertion for damages, you can proceed to civil court to file your action and pursue your claim. However, if you skip the important step detailed above and simply run to the courthouse, you could have your case dismissed until proper channels are followed.

If you are injured by a federally-owned vehicle, you may have to pursue a claim in federal court, although that depends somewhat on the facts surrounding the situation, as jurisdictional rules can be extremely complicated. The last thing you want to do is make an unnecessary mistake, as doing so will cost you time and money. In order to make sure that you do not fall into this situation, contact the Seattle auto accident attorneys at Phillips & Webster today to schedule a free initial consultation.