Were You Injured Because Of Someone Else's Negligence? Browse Our FAQs
In addition to coping with a lot of stress and frustration, personal injury cases also come with a lot of questions. Here are some of the questions we hear the most at Max Meyers Law.
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The insurance company claims I was partly to blame for my car accident. What should I do? Our Car Accident Lawyer Will Fight Back If the Negligent Driver's Insurance Claims You Were Partially at Fault in a Washington Car Crash
If another driver caused a collision and you were hurt, you may be entitled to compensation under state law. Unfortunately, the other motorist's insurer might do everything possible to force you to accept a lower settlement—or deny your claim completely. One way it may do this is to argue that you were partially to blame for the crash.
At Max Meyers Law, we have decades of experience successfully settling our clients' Washington car accident claims. This is because we understand the tactics insurance companies may use to attempt to take advantage of injury victims. We’ll help prove the other driver’s wrongdoing and fight for the damages you deserve for medical expenses, lost wages, property damages, and pain and suffering.
So—The Insurance Company Says You’re Partly to Blame. Now What?
While it can be devastating to be accused of causing the collision when you know you did nothing wrong, you can—and should—fight back. The first thing to do is realize that the insurer’s statements that you were negligent are likely not true.
Our legal team recommends that you take these steps to protect your rights:
- Get the police report. The report provides information, such as details about how the wreck happened, the officer's conclusions as to who was at fault, and whether the other driver received a traffic citation. These facts help prove the true cause of your car accident.
- Get contact information. This includes phone numbers and email addresses of the other motorist, their insurance company, and eyewitnesses to the collision.
- Preserve evidence. Get as much evidence as you can right away, such as photos of the scene, damage to the cars, and road and weather conditions. All this and more helps support the other driver’s negligence caused the crash. In addition, save your medical bills, medical records, paystubs, other income documentation, and property damage estimates and receipts that will establish the amount of compensation you should receive in your settlement.
- Get medical care. You protect your health and may avoid other disputes with the insurance company about your injuries if you are examined by a doctor soon after your car accident—even if you don't believe you were hurt. It’s also essential to follow your physician's treatment plan, attend all appointments, and not have any gaps in your medical care.
- Don't admit fault. Be very careful what you say about the auto accident when talking to law enforcement, the other driver, or the insurance company. Avoid making statements that could be misconstrued as an admission you were partially at fault, such as "I'm sorry" or "I wish I were paying more attention so I could have avoided the collision."
- Retain an attorney. Contact Max Meyers Law as soon as possible after the car accident. In fact, call our office immediately if an insurance adjuster says you were partially to blame for the crash.
How Our Washington Car Accident Lawyer Helps Prove You Didn’t Cause the Crash
You must show all the elements of a car accident claim, including that the other driver's negligence caused it, to obtain compensation from the insurance company. Here are ways our team helps prove your case:
- Collect evidence. We’ll gather additional proof to support the actual negligence responsible for the crash. For example, we may obtain additional photos and video recordings of the collision taken by passengers or witnesses, get traffic and business surveillance camera footage of the wreck before it’s taped over or destroyed, and subpoena the other vehicle's black box data.
- Get witness statements. We’ll interview eyewitnesses to the car accident and obtain their written statements before they disappear and while their memories are still fresh.
- Hire experts. If necessary, our legal team will hire an accident reconstruction expert or another expert who helps prove how the other motorist's negligence caused the wreck.
- Negotiate a settlement. We take over all communications with the insurance company and refute the adjuster's claims that you were partially to blame. We’ll also attempt to negotiate a settlement that fully compensates you and helps you get your life back on track.
- Sue the driver. Attorney Max Meyers will file a lawsuit and litigate your claim if the insurer won't be reasonable, or the three-year statute of limitations to sue under RCW 4.16.080 expires soon. While it’s likely that your case will settle sometime during the litigation process, Max isn’t afraid to try your case at a jury trial if this is in your best interests.
What Happens If You Were Partially at Fault in Causing Your Washington Car Accident?
It’s possible that the facts demonstrate that you assume some responsibility for the crash. However, you shouldn’t give up the fight to obtain compensation from the negligent driver's insurance company. You could still get a substantial settlement from them.
Washington follows the pure comparative negligence doctrine. Under this law, you’re still entitled to damages even if you were negligent. However, the amount you could receive is reduced by your percentage of fault.
How does this work? If you were 20% at fault and your claim's value is $400,000, you could still be able to recover $320,000 from the other driver's insurance company. Our legal team can establish that your percentage of fault was low and will fight to secure the maximum recovery you deserve.
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Should I accept the first compensation offer for my truck accident claim? Our Washington Lawyer Outlines the Pitfalls of Accepting a Quick Truck Crash Settlement
If the insurance company for the negligent driver and trucking company immediately offers you a claim settlement, you may be tempted to accept it. After all, you’re most likely going through financial distress, especially if you have expensive medical bills for injuries and aren't receiving a paycheck because you’re off work recovering. However, if you say yes to this initial offer, you’re likely making a big mistake.
At Max Meyers Law, we have decades of experience fighting for truck accident victims' rights and understand this common insurance company tactic of offering a settlement when you’re most vulnerable and haven’t had time to consult with a lawyer. Learn why it’s important to recognize that you have options, and how we’ll fight vigorously for your rights so you have a better chance to receive the damages you’re entitled to for your injuries.
What Are the Dangers of Accepting the First Offer?
Understanding the intent behind an insurer’s initial settlement helps you to not be taken advantage of and lose your rights to a full accident investigation and complete negotiations. Here are the reasons our truck accident attorney recommends that you wait.
1. A Quick Settlement Benefits the Insurance Company
The insurance company is a business with a goal to make a profit. One way it achieves this is to extend a settlement soon after the collision. It’s almost always far less than what you might be entitled to under Washington law.
An insurance adjuster may try to settle your claim quickly—maybe even before you get out of the hospital—because they recognize you have a strong claim. For example, there may be compelling evidence that the trucker's negligent driving or other violations of the Federal Motor Carrier Safety Administration (FMCSA) regulations caused your crash.
In addition, the trucking company may face vicarious liability for its employee’s actions or liability for other negligence, such as not complying with FMCSA rules about hiring qualified truckers, required vehicle maintenance, and more.
The adjuster may offer you a lowball offer before you have a chance to consult with our legal team in hopes you’ll believe they’re treating you fairly. However, if you want to receive the full value of your claim, consult with us before agreeing to any insurer requests or settling your case.
2. You Don’t Know the Full Extent of Your Injuries
Immediately after your truck accident, there’s no way of determining exactly how severe your injuries are and whether you’ll make a full recovery. Don’t settle your case until you reach your maximum medical improvement (MMI). This is the stage of your medical treatment where you have fully recovered, or the doctor can give you a final prognosis of your condition and the medical treatments you could need throughout your life. In addition, you won’t know if you can return to work until you reach this stage of your recovery.
Why is waiting for an MMI determination important to your settlement? You may be entitled to future damages. Our legal team can’t determine the future compensation you should receive until we know your final prognosis.
3. Your Settlement Will Be Final
Once you reach a settlement with the insurance company, that’s it. You won’t be able to reopen your claim to renegotiate it if you discover your injuries are more serious than you thought, or if you suffered additional medical issues related to the truck crash.
How Long Will It Take to Settle Your Claim?
Generally, truck accident injury cases last several months to a year or more. Unfortunately, no lawyer can give you an exact answer on how long before you receive compensation because every case is unique. Many factors—such as disputes raised by the insurer, when you reach MMI, or if your case has to proceed to litigation—all impact how quickly we can reach a fair settlement.
5 Ways to Increase Your Chances of Getting the Compensation You Deserve After a Washington Truck Accident
You must have strong evidence to prove your case and present a compelling argument to convince the insurance company to settle your claim for what it’s worth. Here are five steps we recommend you take to strengthen your claim:
- Get the medical care you need. A physician should examine you within 72 hours even if you don't believe you were hurt. Follow up with all your doctor's recommendations for treating your injuries and attend every appointment. Maintain detailed files regarding all treatments, related expenses, specialist visits, and other vital information about your injuries.
- Report the accident. Then, after the police have assessed the scene, order a copy of their report. It often includes valuable information that helps our team prove elements of wrongdoing and negligence for the truck crash.
- Gather evidence. While you’re not always able to do this, every bit helps. This includes photos and videos of the collision scene, your injuries, vehicle damage, weather and road conditions, skid marks, and so on. Also, save all medical bills and records, vehicle repair estimates, and pay stubs.
- Talk to witnesses. Again, if you can, speak to bystanders and obtain their contact information so our legal team can interview them and ask for a written statement while the crash is fresh in their minds.
- Hire an attorney. At Max Meyers Law, we take action as soon as you agree to work with us. We take over all communications with the insurance company, help gather essential evidence to prove your claim, fully evaluate your economic and non-economic damages, and power through negotiations so the first offer isn’t the only one on the table.
When it comes to negotiating a settlement for your injuries after a truck accident, not just any law firm will do. Our entire team takes pride in pursuing the results you deserve. We’re your partner through the whole process, giving you valuable insight and keeping you informed so you never have to worry about how the case is progressing. So when the insurance company calls you, tell them to call us instead.
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After I settle my car crash claim, when will I receive payment? Our Washington Car Accident Lawyer Explains the Timeline for Getting Your Settlement Check
Trying to finalize your claim with the negligent driver’s insurance company after a car crash can be a long, drawn-out process. Unfortunately, even once the process is complete, you’ll still need to continue to be patient because a number of steps must be completed before you can accept your settlement check.
At Max Meyers Law, our experienced team understands how frustrating and stressful it is for you to cope with mounting medical expenses and bills when you can’t work because of your injuries. We work hard to settle your car accident claim as quickly as possible while ensuring you receive the damages you deserve.
How Does the Settlement Process Work in a Washington Car Accident Case?
It can take many months to well over a year to settle a claim with the at-fault driver’s insurance company. Why does it take so long? Many factors—such as how fast your injury recovery is and insurance adjuster disputes—affect the timeline. However, it’s best not to rush the process, because you could possibly trade a more comprehensive amount for a quick settlement.
Understanding how this process unfolds helps you know what to expect and gives you the strength to persevere until you receive what you’re entitled to under Washington law. Here are the steps we take to resolve your claim.
Investigation
To win your case, all the elements of a car accident claim must be proven. This includes establishing the cause of your auto collision. At Max Meyers Law, we thoroughly investigate all aspects of the other driver’s negligence.
We review the police report, interview eyewitnesses, inspect photos taken at the scene, and obtain any available traffic and business surveillance footage of the wreck. If necessary, we’ll even recommend hiring an accident reconstruction expert who can examine all the evidence and create a reenactment showing how the collision occurred. While this deliberate attention to detail takes time, it’s also your best chance of receiving a proper car crash settlement.
Calculation of Your Damages
Our team also determines the worth of your claim so you know how much money you should receive when the case is finalized.
However, we need to wait until you recover from your injuries or heal as much as you can so your doctor can give you a final prognosis and calculate your owed amount. This can only happen once we know what medical treatments you may need throughout your life and how your injuries will affect your ability to work.
Demand letter
Next, our office sends a demand letter to the negligent party’s insurance provider as notification of your claim. It explains how their policyholder caused the collision, the severity of your injuries, and the scope of compensation expected. It often takes a few weeks for the insurer to formulate a response and begin its own investigation.
Negotiation
Our legal team may need to engage in negotiations with the insurance company for months or longer before we settle your claim. Often during the process, an adjuster will most likely raise some disputes about the cause of your collision or your injuries, how serious your injuries are, and the amount the company is required to pay. We may need to collect additional evidence or hire other expert witnesses to resolve these arguments.
Litigation
One of the benefits of retaining the legal team at Max Meyers Law is that we always look out for your best interests. We’re prepared to sue the negligent driver and litigate your case if the insurer denies your claim or refuses to offer a fair settlement. If necessary, we’ll also file a lawsuit before the three-year statute of limitations under RCW 4.16.080 expires.
When to Expect Your Accident Recovery Payment
Once we settle your claim, it could take four to six weeks before you get the settlement check. Why won’t the insurance company mail your payment immediately? We must first complete the following steps to finish the settlement process:
- Signing a release. By agreeing to the amount of compensation offered, you solidify the proceedings by stating that this is a final resolution of your claim. Only then will the insurance company send your check. However, we might need to negotiate unfavorable terms before you can sign the release, which can take a few weeks.
- Issuing a check. Upon receipt of the release, the insurer approves it and sends your check. Depending on its schedule for this process, this could also take up to three weeks.
- Depositing your payment. The settlement check is initially sent to our office. We then deposit it into your client trust account.
- Paying liens. The next step is to use the settlement money to pay any liens on the settlement proceeds. Debts that may have to be paid include medical bills and reimbursement to your insurance company. While it could take a little longer, we often try to negotiate with these creditors to reduce the amount you have to pay them so you receive more of the settlement proceeds.
- Deducting attorney fees and costs. Then, we deduct attorney fees and expenses incurred to resolve your case.
- Sending your check. Finally! You’ve officially completed all the steps involved in settling your claim.
Although a lot of time passes before you receive your car crash settlement check, you can trust that we’ll keep you informed at every phase, consult with you on appropriate next steps, and never be more than a phone call or email away.
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How soon should I get medical care after my motorcycle crash? Seeing a Doctor Right Away Helps Our Washington Motorcycle Accident Lawyer Build a Better Claim for Compensation
Even if you don’t believe you were hurt, or suffered what seem to be minor injuries, put your health first. Taking this step is vital for many reasons, especially when you need to pursue an injury settlement from the negligent party who caused the crash.
At Max Meyers Law, our experienced motorcycle accident legal team has a strong track record of success fighting for the rights of motorcycle crash victims like you. Here’s our advice for preserving your well-being and protecting your claim.
3 Reasons You Need Medical Care Right After Your Accident
There are many mistakes that can be made after a motorcycle collision, but taking a chance on your health shouldn’t be one of them. You could weaken your case and make it harder for our legal team to get you all the damages you are entitled to under Washington law.
A doctor at an emergency room, urgent care facility, or a physician’s office should examine you within 72 hours after your wreck. Here are three reasons we believe this is crucial.
#1: You May Not Realize You Were Severely Injured
The shock of the motorcycle accident or adrenaline could mask the symptoms of some serious injuries for days or weeks after the crash. If you don’t get treatment for them right away, you may not know how badly you’re hurt until conditions worsen or you suffer a life-threatening emergency. Common hidden injuries you may have suffered include:
- A traumatic brain injury (TBI)
- Whiplash or other neck injuries
- Back injuries
- Spinal injuries
- Internal injuries
- Post-traumatic stress disorder (PTSD), depression, anxiety, and other mental health conditions
Protect your well-being and have a comprehensive exam right after your motorcycle accident.
#2: Your Claim for Compensation Will Be Stronger
By getting quick medical care for your injuries, you strengthen your claim for compensation. Why is this true? You’re proving that your injuries were caused by the motorcycle collision and not another incident. In addition, you’re establishing from the start that your injuries are severe enough to require certain types of medical attention, treatment, and rehabilitation.
#3: You May Avoid Some Disputes With the Negligent Driver’s Insurance Company
Insurance companies often argue about the cause of motorcycle accidents or the seriousness of the victim’s injuries to reduce the amount of the settlement or deny paying a claim. If you delay taking care of your health, you give them ammunition to fight about why they shouldn’t have to pay you, which complicates the settlement process. But clear documentation to back up your claim for medical expenses, lost wages due to recovery, and other crash-related issues, these facts are hard to dispute.
Why Following Up on Your Medical Treatments Is Vital
It’s equally important to your health and your claim to follow your provider’s advice about your treatment plan. You should attend all doctor appointments, get diagnostic tests, and attend scheduled physical therapy sessions. If you do this, you show how life-altering your injuries are and that you’re doing your part to recover from them as quickly as possible.
If you haven’t followed your physician’s advice, missed appointments, or have gaps in your medical care, the at-fault driver’s insurance adjuster could argue that your injuries are less severe than you claim. They would also try to force you to accept a lower settlement.
Why You Should Contact Max Meyers Law Soon After Your Washington Motorcycle Accident
After you get immediate medical care, call us right away. We take over all actions necessary to settle your claim so you can focus on getting better. Here are some ways we’ll assist you:
- Collect evidence. This includes the police report, eyewitness statements, traffic and business video footage of the crash, and your medical records—all essential to prove your case.
- Negotiate your settlement. We understand the tactics adjusters may use to dispute your claim and have strategies to refute them. We assess all aspects of your economic and non-economic losses and fight for your rightful settlement.
- Litigate your case. If necessary, we’ll sue the at-fault motorist if their insurance company refuses to treat you fairly. We aren’t afraid to try your case at a jury trial if this is in your best interests.
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What do I need to do after being injured in a pedestrian hit and run accident? As a Washington Pedestrian Accident Lawyer, Here Are the Steps I Recommend to Start the Process of Fighting for Compensation
The human body is no match against a moving vehicle. Traumatic brain injury, spinal injury, and amputation are just a few of the catastrophic medical consequences. If you were hurt in a pedestrian accident and the negligent driver fled the scene, you have additional worries about how to pay your medical bills and living expenses when you have no information to file a claim.
Fortunately, you don’t have to face the challenges of trying to recover the compensation you deserve on your own if you’re the victim of a hit and run accident. At Max Meyers Law, we make it our mission to help you locate the at-fault motorist and hold them accountable. We also explore every avenue of compensation to help you recover from your injuries and resume your everyday life.
What’s a Driver’s Duty to Stop at a Pedestrian Accident in Washington?
Under RCW §46.152.020, drivers who cause an accident that results in another person suffering an injury or being killed must stop at the crash scene. This law applies to motorists striking a car, bicycle, motorcycle, or pedestrian. They’re also required to take these actions:
- Provide their name, address, insurance company, insurance policy number, and vehicle number to the injured party or law enforcement.
- Present their driver’s license to any victim of the collision or to law enforcement.
- Remain on the scene and assist anyone who is injured, such as calling 911 for an ambulance or taking the victim to the emergency room.
If the driver who caused your pedestrian accident violates this law, they could be charged with a hit and run offense. This escalates to a Class B felony if someone is killed in the incident.
Crucial Steps to Take After a Pedestrian Hit and Run Accident
The driver could have fled the scene for many reasons. They may have been afraid of getting another ticket, having their driver’s license suspended, or increasing their insurance premiums. They could also have known they would be arrested if they were driving when drunk or had a warrant out for their arrest. Whatever the reason, it’s not right—and it’s illegal to cause a hit and run accident in our state.
The steps you take immediately after the accident significantly impact your ability to get the damages you’re entitled to for your injuries. Your actions help our pedestrian accident legal team locate the driver and determine the cause of your accident, which could include violations of RCW §46.61.526—Washington’s Vulnerable User Law. Here are our recommendations:
- Remain at the scene. Don’t try to follow the driver. You should move to a safe place on the side of the road if you can and stay onsite.
- Contact the police. Call law enforcement and emergency medical personnel immediately. Provide the officer with as many details as possible about the accident and the vehicle that struck you, such as its make, model, color, and license plate number if you remember them. This information could help them locate the driver. Then, order a copy of the police report within the next few days.
- Take photos. Capture the scene, including weather and road conditions, skid marks, nearby business or traffic cameras, and anything else that could help our attorney find the driver. Also, photograph your injuries.
- Obtain witness information. Ask for contact details for any eyewitnesses to your pedestrian accident. They can corroborate how the event occurred and may have information that helps our legal team identify the hit and run driver.
- Take care of your health. Even if you don’t believe you were hurt or think you can tough it out, definitely get medical care within 72 hours of the accident. This step is vital to protect your health and avoid disputes with the negligent motorist’s insurance company when we file your claim.
- Notify your auto insurance company. Call your carrier to inform them of your accident. You may be required to do this under your policy and protect your right to compensation with them if you need it.
Finally, contact our legal team at Max Meyers Law immediately after your accident. We work tirelessly to conduct a proper investigation to locate the hit and run motorist, and once found, fight with their insurance company for the settlement you deserve. We can also file a claim under your uninsured or underinsured or personal injury protection insurance coverages if you purchased them and they’re applicable in your situation so you won’t have the added burden of financial stress to cover your medical expenses while the case progresses.
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How long will it take to settle my pedestrian accident claim? Our Washington Pedestrian Accident Lawyer Walks You Through the Process and General Timeline of an Injury Compensation Claim
If you were hurt in a pedestrian accident that wasn't your fault, one of your burning questions might be how long it will take you to settle your claim with the negligent driver's insurance company. This is a question many of our clients ask.
Unfortunately, we can't give you a specific deadline for settling with an insurance company because every pedestrian accident case is unique. However, our skilled legal team at Max Meyers Law is totally committed to using our knowledge and negotiation skills to help you pursue a settlement that fully compensates you for your injury-related expenses as quickly as possible.
5 Factors That Affect How Long It Could Take to Settle Your Pedestrian Accident Claim
Some pedestrian accident claims can be settled in a few months, while others may take a year or longer to resolve. Why does the timeline vary so much? There are numerous reasons, so understanding all the potential variables gives you a sense of what to expect when you file a claim for compensation. Here are some key factors that may impact the length of time it takes to pursue and reach a settlement.
1. Severity of Your Injuries
Many people suffer traumatic brain injuries or spinal cord injuries in pedestrian accidents. The more severe your injuries, the longer it might take to settle your claim. This is because you first need to reach maximum medical improvement (MMI).
Your MMI is the stage in your medical treatment when you’ve either fully recovered from your injuries or healed as much as possible. If you’re still recovering, your doctor can give you a prognosis of what future medical treatments you'll need and if your injuries will affect your ability to work. In a personal injury case, your legal team can’t determine your future damages—which directly affects how much compensation you should get in your settlement—until you reach your MMI.
2. Value of Your Claim
Higher-value claims often take longer to settle. Potential compensation is structured based on whether you need more extensive medical treatments, require certain aspects of rehabilitation to reach your MMI, or you’ll require more time off work because of your injuries.
When your claim is worth more, the at-fault driver's insurance company scrutinizes your claim more thoroughly to avoid issuing a higher payout. It may demand more documentation to drag out negotiations. But we’ve fought for the rights of pedestrian accident victims since 1997, and we know how to defeat an insurance company's delay tactics.
3. Disputes with the Insurance Company
If an insurer disputes the cause of your pedestrian accident or claims you were partially at fault for it, your settlement can be delayed. Our legal team may need to collect additional evidence or hire an accident reconstruction or other expert to resolve the dispute.
Another argument an insurance adjuster could raise to drag out the settlement process is that your injuries aren't as serious as you claim. We may need to submit more accident-related health records, hire a medical expert, and pursue other actions before we can negotiate a fair settlement for you.
4. Litigation
The settlement process can be significantly extended if your case goes to court. We’ll need to file a lawsuit on your behalf if the insurance company refuses to offer you a reasonable settlement or the three-year statute of limitation to sue under RCW 4.16.080 will expire soon.
Litigation involves various stages, including discovery, pre-trial motions, and potentially a trial. Each stage can add weeks or months to the overall timeline. However, it’s our goal to reach a settlement with the insurer at some point before a jury trial.
5. Your Attorney
The legal counsel you choose also impacts how long it takes to settle your Washington pedestrian accident claim. At Max Meyers Law, we know what evidence you need to prove your case and will gather it promptly before it's lost or destroyed. Our team also works hard on your case to resolve any roadblocks the insurance company raises so we can expedite reaching the settlement you deserve.
4 Mistakes to Avoid That Could Make Your Settlement Take Longer
No one knows exactly how they’ll react in the moments after a pedestrian accident, so it’s easy to make unintentional mistakes. Here are the pitfalls we recommend you avoid:
- Not getting prompt medical care. Delaying treatment endangers your health and your claim. The insurance company may argue that your injuries aren’t serious or were caused by something other than the accident. Taking care of your well-being right after your accident and following your doctor's advice helps you heal faster and speed up the settlement process.
- Giving a recorded statement. You should be wary when speaking to the insurance adjuster. Don't agree to provide them with a recorded statement. Even if you're careful, you could say something they use against you, making settling your claim take longer.
- Signing a medical release. Signing a medical release for the insurance company could also delay your claim. It might search your medical records for preexisting conditions or other information to deny liability and refuse to pay you.
- Posting on social media. Posting about your accident or injuries on social media also harms your case. The insurance company may review your posts for inconsistencies or evidence contradicting your claim.Not hiring a lawyer. One of the biggest mistakes you can make is not retaining a pedestrian accident lawyer. You could make other errors that give the insurance company more arguments they can use to dispute your claim or settle your claim quickly but for far less than you're entitled to if you’re unrepresented.
At Max Meyers Law, you can trust that we’ll help you avoid mistakes, build a strong case, and fight for the damages you need to rebuild your life.
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How much is my truck crash injury claim worth? Our Washington Truck Accident Lawyer Provides Information on Determining Claim Value
Being injured in a semi-truck accident can change your life in an instant, causing severe disruptions to your health, work, and personal life. You may also be grappling with many questions about your legal rights and the value of your truck accident claim against the negligent driver or other potentially liable parties.
Fortunately, you don't have to attempt to settle your claim alone. At Max Meyers Law, we use our decades of experience with truck accident cases to offer compassionate legal assistance. We’ll answer all your questions, evaluate the damages related to your injuries, and handle fighting with the insurance company for the compensation you deserve so you can get your health—and your life—back on track.
Compensation You May Be Entitled to in a Washington Truck Accident
One critical aspect of estimating the value of your truck accident claim is calculating the economic and non-economic damages you’re entitled to according to state law. Here are some types of compensation we’ll pursue for you:
- Medical expenses. You may need extensive medical treatment to recover from your truck crash injuries. You should be reimbursed for all surgeries, hospitalizations, physician visits, medications, physical therapy, and any future medical expenses related to your injuries.
- Lost wages. If your injuries forced you to miss work, you can claim compensation for lost income. This includes wages, salaries, commissions, bonuses, sick and vacation time, and any other earnings you have missed out on due to the semi-truck accident.
- Lost earning capacity. You may be entitled to damages for lost earning capacity if your medical condition caused you to switch jobs or made it impossible for you to work in the future. Monetary claim damages help replace the wages you would have earned over your lifetime.
- Property damages. Compensation for property damage covers the cost of repairing or replacing your vehicle and any other personal property damaged in the truck crash. This ensures you aren't left shouldering the financial burden of property repairs.
- Pain and suffering. These non-economic damages address the physical pain and emotional distress you must endure because of the collision. They provide you with compensation for the impact of your injuries on your quality of life and overall well-being. Our truck accident lawyer has the experience of settling and litigating many truck crash claims to value this portion of your claim.
- Loss of consortium. If your spouse's injuries adversely affected your relationship with them, you can claim loss of consortium. This compensation acknowledges the loss of their companionship, support, and intimacy because of the accident.
Factors That Affect How Much Your Washington Truck Accident Claim Is Worth
Several other factors influence the value of your truck accident claim, so we also assess the following issues.
Severity of Your Injuries
A fully loaded semi-truck can weigh up to 40 tons. So it’s no wonder that the immense force of impact results in a variety of serious injuries. Traumatic brain injury, fractures, burns, or spinal cord injuries are just a few severe medical conditions people suffer in these collisions. If your injuries require long-term care and rehabilitation, related health care expenses, lost wages, and pain and suffering will be astronomical. This can increase the value of your claim and may lead to a higher settlement to cover these extensive damages.
Strength of Your Evidence
To have a strong case, you must have solid evidence proving that the negligence of the truck driver, their trucking company, or other liable parties caused the crash. You must also establish how severe your injuries are and the compensation you should receive. We strive to investigate all aspects of the incident and preserve critical evidence, as the value of your claim—and its success—depends on this proof.
However, when determining responsibility, truck accidents are different than car crashes. Additional entities at fault, such as the cargo handlers, or the maintenance company responsible for maintaining the truck. The cause of your collision might involve violations of the Federal Motor Safety Carrier Administration regulations commercial vehicle operators and fleet companies must follow.
Our savvy truck accident team starts proving your claim by sending a spoliation letter notifying all potential defendants not to destroy or alter evidence in their control. We’ll also obtain the proof you need to build a winning case that increases the value of your claim, such as:
- Trucker's personnel file
- Vehicle's black box data
- Truck's dashcam footage
- Trucker's logbook
- Trip receipts
- Texts and cellphone records
- Alcohol and drug testing results
- Witness statements
- Medical records
- Wage loss documents
Disputes With the Insurance Company
The at-fault parties' insurance companies may dispute your claim to minimize their payout. Depending on the arguments they raise, this can affect the value of your claim.
However, only legitimate disputes will possibly reduce your claim’s value. At Max Meyers Law, we provide numerous strategies to defeat the insurance company's invalid arguments and will fight to negotiate a fair settlement for you.
Your Partial Fault
If you’re found partially at fault for the collision, this lessens your potential compensation amount. Washington follows comparative negligence laws, so based on your percentage of fault, any settlement you might receive will be reduced by that percentage.
It’s important to keep in mind that the insurance company could falsely claim you were partially to blame for the crash to try to pay you a smaller settlement. We won’t hesitate to use all available evidence to refute these accusations.
Insurance Policy Limits
An insurer is only responsible for compensating you up to the negligent party’s policy limits. This is one reason why we work diligently to identify all entities that are potentially liable and assess the value of your claim within those insurance limits. Ultimately, we want you to achieve a fair settlement that helps you move forward—even if we have to convince a jury to get it.
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What are my options if the person who caused my motorcycle accident lies about it? When the At-Fault Driver Lies About Your Motorcycle Crash, Our WA Accident Lawyer Suggests These Tips to Protect Your Rights
You suffered injuries and property damage in a motorcycle collision caused by a negligent driver, which is bad enough. But when they lie about the reasons for it—or try to shift all the blame on you—the situation escalates from bad to worse pretty quickly. You must take the proper steps to protect your right to compensation.
Since 1997, Max Meyers Law has helped motorcycle accident victims like you with effective strategies to fight back if the driver lies about your crash and their insurance company tries to deny your claim or pay you far less compensation than you deserve. Here’s what you should know.
Why the Driver Might Have Lied About Your Washington Motorcycle Accident
While you might not want to understand the person’s motivations, it will help you cope more easily with the situation and stay clear-headed about how to construct your claim. Here are some common reasons for motorcycle accidents and why motorists often don’t tell the truth about their involvement.
- Increase in insurance premiums. Admitting fault in a motorcycle accident can significantly raise premiums. They could also worry that their policy will be canceled if they have other traffic tickets or collisions on their driving record. By lying, they may hope to avoid these financial repercussions.
- Legal consequences. Depending on the circumstances of the motorcycle collision, the motorist might try to avoid getting a traffic ticket, points on their driving record, or even more severe penalties. If they were driving while intoxicated, they could be afraid of being arrested for drunk driving.
- No insurance. If the negligent driver doesn’t have insurance required under Washington law, they may lie about the accident to avoid the legal and financial consequences of driving without coverage.
- Loss of driving privileges. A serious or repeat traffic violation can result in the motorist's driver's license being suspended or revoked. So they might not tell the truth to protect their ability to drive.
5 Essential Steps to Take if This Happens to You
Not only might a reckless driver not tell the truth about the crash, but they could also make statements to their insurance company or to the police that you caused the crash. If you’re in this situation, stay calm and take the right steps to prove your case.
1. Don't Argue
Engaging in an argument at the accident scene can escalate the situation, and your statements might be used against you later. Instead, focus on gathering information and staying composed.
2. Be Truthful
Always be honest about how the motorcycle accident happened. Your consistent and accurate account supports your credibility and helps prove your case.
3. Contact the Police
Report the accident to law enforcement immediately. A police report is an official record of the collision and contains important details about it. In addition, the officer's conclusions about the cause of the wreck are crucial in disputing false claims made by the other driver.
4. Collect Evidence
If you’re able to, gather as much evidence as possible from the motorcycle accident scene. This includes taking photos, collecting witness statements, and documenting any damage to the other vehicle, your motorcycle, and your injuries. Evidence is critical to prove what actually happened.
5. Retain an Attorney
If the driver is lying about the collision, you need to hire a motorcycle accident lawyer immediately. The entire team at Max Meyers Law will help you gather additional evidence to build a solid case and defend your rights to an insurance adjuster.
How a Motorcycle Accident Lawyer Assists You When the At-Fault Driver Makes False Claims
If the other driver lies about what happened, you’ll face an uphill battle trying to settle your motorcycle accident claim. An adjuster will use their insured’s statements against you and try to find other evidence to support them. This information is leveraged to deny your claim or drag out settlement negotiations, hoping they can wear you down.
Here are the many ways the motorcycle accident team at Max Meyers Law builds a case that supports your rights to justice and compensation:
- Investigation. This may include reviewing the police report, viewing the crash scene, gathering additional witness statements, and obtaining any available video footage from traffic cameras or nearby businesses.
- Expert testimony. If necessary, we may recommend hiring an expert witness, such as an accident reconstruction expert, to provide a professional analysis of how the motorcycle accident occurred. They review all the evidence, examine the damage to the vehicles, and view the crash scene to create a reenactment of your motorcycle accident. Their report and testimony can be instrumental in disproving the driver's and their insurance company's false claims.
- Negotiation. We take over all communications and negotiations with the insurance adjuster so you’re not taken advantage of and will provide them with the evidence that proves the cause of the collision accurately. We also attempt to negotiate a settlement that fully compensates you for your injuries
- Litigation. If a fair settlement cannot be reached, we won’t hesitate to prepare your case for court and litigate your claim. I’ll argue your case at a jury trial to fight for the compensation you deserve if the insurance company and their driver continue to deny responsibility to compensate you.
It’s incredibly frustrating to be in a position where you’re fighting to reveal the truth, get a fair settlement, and move on with your life. Trust us to be on your side to strongly advocate for what’s right.
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What can I do to protect my rights while hospitalized after a pedestrian accident? How a Washington Pedestrian Accident Lawyer Handles Your Case While You’re Focused on Recovery
All too often, people suffer life-altering medical conditions after being struck by a vehicle—such as a traumatic brain injury, spinal cord injury, or internal organ damage—that require immediate hospitalization. If this happens to you, it’s a considerable challenge to think about your right to pursue compensation from the negligent driver while undergoing surgery and other medical treatments and coping with pain.
Can you take action on filing a pedestrian accident claim from your hospital bed? How can you be certain all the necessary evidence will be collected, or know what economic and non-economic damages you have? At Max Meyers Law, we understand how overwhelming the legal process feels even during the best of circumstances. Our team is ready to jump into action to protect your rights and handle the details of your claim during your recovery.
Steps to Protect Your Rights While in the Hospital After a Pedestrian Accident
In Washington, you have a legal right to file a civil claim against the person or party who caused your injuries. However, it’s imperative to take action against the negligent driver right away, as Washington's statute of limitations for personal injury cases is three years. This timeline starts with the date of your accident.
So if you’re unable to take immediate steps such as filing a police report, collecting contact information about the motorist and any eyewitnesses, and contacting an attorney, someone else can do so on your behalf.
While you're recovering from your injuries, there are other proactive measures to safeguard your rights. Here are the steps we recommend.
Put Your Health First
This is your top priority. Follow your doctor's treatment plan while in the hospital and once you go home. Also, keep all documentation about your diagnosis and prognosis, advised follow-up care, physical therapy, medications, and other aspects related to your recovery. This information is vital for your claim and helps you avoid disputes with the insurance company about the seriousness of your injuries.
Notify Your Insurance Company
Call your health and automobile coverage carriers to notify them about the accident as soon as possible. Contacting them isn’t the same as filing a claim, but this step protects your right to file one if the driver fled the scene or the incident was caused by an uninsured or underinsured motorist and your policy has specific coverage for such an emergency. However, refrain from providing extensive details or admitting fault.
Don't Talk to the Insurance Company
An insurance adjuster for the at-fault party may try to contact you while you’re in the hospital because they know you're vulnerable and may be unaware of your rights. Talking to adjusters so soon after your accident or agreeing to any of their requests puts you at a strong disadvantage. Get their contact information and your claim number, and state that your attorney will contact them.
Don't Post on Social Media
Avoid sharing any details about the pedestrian accident or your injuries on social media platforms. An adjuster could search these sites multiple times while your claim is being settled. Even seemingly innocuous posts can be misconstrued and used against you by insurance companies.
Finally, the Most Important Step: Hire a Skilled Washington Pedestrian Accident Lawyer
According to a report from the Washington Traffic Safety Commission, “78.8 percent of residents ride a bicycle on public roads and 37.5 percent walk or jog on public roads (including shoulders and sidewalks).” We also pride ourselves on having one of the largest metro areas in the country, Seattle, ranked in the top 10 of the most walkable cities in the U.S. So maintaining safety and holding negligent drivers responsible is a community effort
At Max Meyers Law, we’ll do everything possible to protect your rights and build a strong pedestrian accident case while you’re in the hospital. Here’s how we’ll work for you:
- Collect valuable evidence. We take charge of thoroughly investigating the cause of the pedestrian accident, which could include violations of Washington's pedestrian laws. We’ll also secure the police report, collect witness statements, obtain surveillance footage, and gather medical records and wage loss documents to support your claim.
- Handle all communications with the insurer. This helps move your case along and prevents an insurance adjuster from trying different tactics to reduce or deny your claim.
- Determine your damages. Evaluating your economic and non-economic losses requires a comprehensive understanding of pedestrian accident laws. We also assess your past and future medical expenses, lost wages, pain and suffering, and other applicable damages to structure fair compensation.
- Negotiate your settlement. We advocate fiercely on your behalf, negotiating with the insurance company for a proper settlement, like the one we were able to achieve for this mother and son injured in a crosswalk.
And if necessary, we won’t hesitate to take your case to court to secure the justice you deserve.
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Can I suffer whiplash after a bicycle accident? A Washington Bicycle Accident Attorney Can Fight for You When You Have a Whiplash Injury
No cycling enthusiast wants to face what you are now—recovering from a collision with a negligent motorist. But it’s possible you may be entitled to financial compensation when someone else is to blame for the crash. Start by choosing a Washington bicycle accident lawyer who understands how to value your economic and non-economic damages properly so you’ll gain proper physical, emotional, and financial closure.
Max Meyers Law can work to both prove another party’s responsibility and maximize the potential of your settlement. We have a track record of delivering results for our satisfied clients while staying true to our core values.
How You Can Suffer Whiplash from a Bicycle Accident
Whiplash is the term for a broad family of injuries that occur when your head suddenly snaps forward while the rest of your body remains still. Most commonly, whiplash happens in a motor vehicle accident. However, any type of sudden impact can cause a forceful jerk of your neck, whether you have been struck by a car, hit a pole, or landed hard on the ground—and it all happens within a few seconds. Even a vehicle traveling as slow as 10 mph can cause cyclists to suffer whiplash and other injuries.
Since there’s no framework to protect you from the impact, your whiplash might be more severe, especially if your neck muscles strain, spasm, or stiffen as a protective response. These muscles might not revert to their prior alignment after the accident.
How Whiplash Affects You After a Washington Bicycle Accident
Although it might seem minor at first, whiplash can actually develop into a debilitating injury that impacts your quality of life, causing chronic pain and even affecting your ability to work. Symptoms of a whiplash injury include:
- Shoulder pain
- Back pain
- Limited range of movement in your extremities
- Headaches
- Dizziness
- Numbness in your arms and legs
- Inability to fully move your neck
Given the severity of bicycle accidents, chances are that whiplash won’t be the only injury you deal with in the long term. The potential residual effects of whiplash include:
- Neck strains
- Vertebrae injuries
- Herniated and bulging discs
- Neurological difficulties
- Traumatic brain injuries
More than 25 percent of people with whiplash suffer symptoms for a year or longer.
What We Do at Max Meyers Law to Determine Damages From Your Whiplash Injury
Bicycle accident compensation is tailored to your own unique situation. You’re paid for the injuries you’ve experienced and not based on an average figure that reflects other people’s circumstances. However, the insurance company will go out of its way to understate and minimize your injuries. It tries to take advantage of the fact that whiplash is one of the more common personal injuries to obscure the true reality of your situation.
When evaluating whiplash damages, our team assesses both your actual financial losses and the experience your injuries have forced you to endure. You can be compensated for the following:
- Economic damages. These damages reimburse for the actual financial losses involved with your injury, whether it was money that came out of your pocket to cover medical expenses or wages that you couldn’t earn while recuperating.
- Non-economic damages. You can be paid for the effects the injury had on your life and will have in the future, whether it’s chronic physical pain or the loss of the lifestyle you had before the injury.
It’s up to you to fight for full compensation for your whiplash injuries. But you don’t have to do it alone. We’ll go to bat for you when the insurance company tries to tangle you in red tape.
Why You Need a Whiplash Injury Lawyer
You don’t have an automatic legal right to financial compensation after your bicycle accident. You only get the legal right to be paid for your injuries after it’s proven that someone else was to blame for the accident. To get to that point, you need evidence of what happened and successfully deflect any efforts to blame you for the accident. Our skilled Washington bicycle accident legal team can immediately get to work to investigate your accident, even while you’re dealing with physical injuries.
Proving liability is only part of the battle you face after a bicycle accident. You also need to secure enough money to fully cover your damages. We can help you in several ways, including but not limited to:
- Reviewing your case to determine the amount of your damages.
- Preparing the claim or lawsuit to file on your behalf.
- Evaluating any settlement offers and advising you whether to accept or reject them.
- Negotiating with insurance adjusters to achieve full and fair compensation for your injuries.
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How will I pay for injury surgery after a pedestrian accident? Washington State Pedestrian Accident Attorney Explains Potential Options for Injury Payment
For pedestrians, even a minor collision with a vehicle may cause serious and significant injury, and require surgery to save your life, repair trauma, and restore function to your body. Without surgery, you could be left with chronic pain, limited movement, a lowered quality of life, deformities, or the inability to return to work.
You need a Washington State pedestrian accident attorney who can be instrumental in helping you pursue compensation from the at-fault motorist to cover your medical costs. Max Meyers Law is where accident victims get help.
Common Pedestrian Accident Surgeries
Pedestrian accident surgeries can have astronomical financial costs—in many cases, more than a person’s annual salary and certainly more than they can pay back in a reasonable amount of time. In fact, Americans currently owe a staggering $220 billion in medical debt, and a significant amount of that is tied to surgeries.
But you need thorough medical treatment after suffering such a horrendous accident. A car coming into contact with a human can result in catastrophic blunt-force trauma, including injuries to soft tissue, organs, and bones. Because pedestrians rarely have any sort of head protection, traumatic brain injuries are also common.The most prevalent types of surgery following pedestrian accidents include:
- Back and neck
- Brain
- Soft tissue
- Surgery for setting broken or fractured bones
- Surgery for internal injuries and internal bleeding
- Plastic surgery
It’s important to note that surgical costs basically never happen independently of other medical expenses related to your injuries. Pedestrian accident survivors will also face:
- Emergency room bills
- Ambulance bills
- Doctor’s visits before and after surgery
- Prescription medication costs
- Medical supply expenses
- Rehabilitation and therapy costs
- Lost wages
Paying for Surgery Following Pedestrian Accidents
There are many options to help you cover medical expenses depending on the circumstances of the accident, your income, and your available insurance coverage. Most patients pay for surgery in one or more of the following ways.
Personal Injury Protection (PIP)
PIP is a type of insurance coverage that typically covers medical expenses, including surgeries, regardless of who’s at fault in the accident. If you have PIP coverage, you can file a claim with your own insurance provider to cover bills, including surgery costs. PIP coverage is required in some states, but not in Washington, where you have the option to decline the coverage in writing. Be aware that the standard minimum amount of coverage is $2,500—and in many cases, your surgery will be more than that amount.
Health Insurance
If you have a health insurance plan, it may be your primary source of coverage for surgical expenses. Health insurance plans vary wildly, though, so it’s vital to review your policy to understand the extent of coverage. Co-payments, deductibles, and co-insurance may still apply, but health insurance can significantly reduce out-of-pocket costs. Again, even with health insurance, you may be facing thousands of dollars of medical costs, especially if you have a high-deductible plan.
Medical Payments Coverage (MedPay)
Similar to PIP, MedPay is an optional coverage that can be part of an auto insurance policy. It covers medical expenses, including surgery, for the insured and passengers, regardless of fault. Again, the amount of MedPay coverage you have may vary.
Medical Liens
In some cases, individuals may not have immediate access to insurance coverage or funds to pay for surgery. Medical liens are agreements between the injured party and medical providers, where the provider agrees to postpone billing until a legal settlement is reached. This option allows the injured party to receive necessary medical treatment without upfront costs, with the understanding that the medical provider will be reimbursed from any settlement or court award.
Medicaid or Medicare
If you qualify, government-sponsored health programs like Medicaid or Medicare may cover medical expenses, including surgery.
Liability Insurance
If you’re not at fault in the accident, the at-fault driver's liability insurance may cover your accident-related medical expenses, including surgery. The process involves filing a claim with the at-fault driver's insurance company.
However, these claims are often complicated because they require you to provide evidence to prove the motorist’s negligence, determine a valuation for your claim to cover surgery costs and other economic and non-economic damages, and negotiate with insurers that may reduce or even deny compensation. Hit and run pedestrian accidents are even more complex, especially if the police investigation is ongoing as you’re trying to physically, emotionally, and financially recover.
At Max Meyers Law, we understand how devastating it is to experience such a tragedy, and we work hard for our clients’ best outcomes in these cases. -
Could I still have a case if the weather was bad during my car accident? We Explain Washington State Car Accident Claims in Bad Weather
If you’re involved in a collision with another vehicle during adverse weather conditions, it can be easy to blame the weather instead of the other driver, especially if the roads were hazardous at the time of the crash. But as any car accident attorney will tell you, reasons for the collision are often more complicated than they seem, and the cause might not reveal itself until the evidence is examined.
Here’s the bottom line: regardless of weather or road conditions, all motorists have a responsibility under the law to drive safely. At Max Meyers Law, our team thoroughly investigates each case to help determine fault in a car accident during bad weather. If a motorist drives recklessly for the conditions, they may be liable for damages. Let’s take a closer look.
Hazardous Weather Conditions That Can Cause Crashes
Several weather events affect roadways' safety, and certain situations create different types of hazardous conditions.
Snow and Ice
As almost every Washington State driver knows, snow and ice can create deadly road conditions. Braking and stopping safely takes longer when surfaces are slick, and sliding and spin-outs are common. Blowing snow also greatly limits visibility.
Rain and Flooding
Rain, like snow and ice, lengthens stopping times and limits visibility. Additionally, standing water, puddles, and flooding lead to hydroplaning, an extremely dangerous out-of-control slide on water that can cause serious accidents.
Fog
Fog reduces visibility down to almost zero, making it impossible to see more than a few feet ahead of you on the road—and using your regular headlights doesn’t help. Motorists struggling with foggy conditions are one of the top causes of chain reaction crashes involving dozens of vehicles.
Wind
Many drivers don’t consider wind a dangerous weather condition, but it’s an invisible hazard, whether you’re on the North Cascades Highway, Highway 101, or any of the state’s other scenic roadways. Strong winds can cause vehicles to lose control or—for taller vehicles, like commercial tractor-trailers—tip over.
Who’s at Fault for Car Accidents During Bad Weather?
It’s often simplistic to say that bad weather caused a car collision. Why? Because drivers have a duty to adjust their speed, driving distance, and overall care in poor conditions. In other words, if you were struck by another motorist in adverse weather conditions, you have to ask: even if they were driving the speed limit, were they reckless for the conditions? This might mean they were traveling too fast on ice, not using their lights in the rain, or following too closely in the fog.
It’s also important to realize that even in bad weather, motorists can cause an accident due to other common types of negligence, including:
- Distracted driving
- Fatigued driving or falling asleep at the wheel
- Driving under the influence of drugs or alcohol
- Not obeying traffic laws
Other Parties Could Be at Fault, Too
It’s not just a motorist who could be found responsible for your bad weather car accident. Other parties are considered liable in many circumstances. For example, a semi could tip over in high winds because the trucking company packed cargo irresponsibly, causing it to be top-heavy. Or a municipality might have neglected to clearly label an intersection, leading to a history of dangerous collisions. Perhaps a commercial operator wasn’t properly trained to drive their vehicle, causing a crash in the snow. Maybe a car had a set of faulty windshield wipers that didn’t properly work in a rainstorm, making it impossible for the driver to see.
Some of these causes can be absolutely hidden at the time of the crash and require investigation to uncover.
How Our Kirkland and Bothell Car Accident Law Offices Can Help
Because car accident claims and litigation can be complicated—and even more so if weather is a factor—a WA injury attorney can help you through every step of the case. Our team at Max Meyers Law will investigate the case, gathering evidence, finding the causes, and getting to the bottom of who was at fault. Then, we’ll present an argument for your case, negotiate with insurers, protect your rights in court, and ensure you have as much opportunity to get the compensation you deserve.
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What should I do if I'm hit by a car while I'm walking in a parking lot? Washington Personal Injury Attorney Max Meyers Discusses What to Do After a Pedestrian Parking Lot Accident
Many safety features are installed in and around public roads to keep pedestrians safe, including traffic lights, crosswalks, streetlights, and sidewalks. However, private entities often own parking lots and don’t necessarily have all those safety measures in place. Add dozens of cars navigating the area, with adults, kids, and shopping carts in the mix, and it’s no surprise that pedestrian parking lot accidents are common in Washington.
If you or a loved one is involved in one of these incidents and unsure what to do, schedule a free, confidential consultation in person or over the phone so we can learn more about your individual case and determine how we can help.
How Parking Lot Pedestrian Accidents Happen
No one ever intends to hit someone. Most motorists do their best to keep pedestrians safe. However, there’s often a lot going on in a parking lot that puts people on foot at risk. Here are some of the more common reasons for parking lot accidents.
Distracted Driving
Motorists are often more focused on finding a parking spot or checking their phones than on their surroundings. They might also be on headphones or preoccupied with errands, picking up other people, and checking off their to-do lists and don’t consider parking lots to be high-risk areas.
Back-up Accidents
Most of us have walked through a parking lot when suddenly, a parked car begins backing up in our direction. Sometimes the driver sees you and stops—other times, a collision occurs. While a motorist might claim a pedestrian was in their blind spot, it’s important to know whoever is behind the wheel is responsible for checking their mirrors and backup cameras, and doing a physical look behind time to make sure the way is clear. If they didn’t do these things, they’ll likely be found at fault for a back-over accident.
Speeding
Drivers should go less than 15 mph when in a parking lot. Greater speeds create dangerous conditions for both car accidents and pedestrian accidents. If a driver is acting recklessly, they may be responsible for the accident and its related damages.
Wrong Pedal Accidents
Pedestrian parking lot accidents often happen when a car is just starting to move out of its spot. Unfortunately, a distracted or unaware driver can sometimes tap the gas instead of the brake, or forget to put their car in reverse instead of drive. These two mistakes can be deadly for pedestrians.
Who’s at Fault For Your Seattle Pedestrian Parking Lot Accident?
It’s not uncommon for injured victims to blame themselves, especially in the moments after a collision. But sometimes it can be difficult to tell who’s liable and who deserves compensation. Pedestrian accident laws indicate that usually, there are three possible at-fault parties.
Motorist
If the driver was reckless, distracted behind the wheel, under the influence, or careless, they could be at fault for the accident and any related injuries. This means they’re responsible for your medical bills, lost wages, pain and suffering, and other damages outlined in your claim.
Parking Lot Owner
Most lots are privately owned by individuals or businesses, and they’re obligated to keep all areas reasonably safe for both people and vehicles. It’s possible that your pedestrian accident could have been prevented if the owner had properly maintained the area, responded to past complaints, or put reasonable safety measures in place.
Pedestrian
People can also be held liable for their injuries. For example, a distracted pedestrian on their phone could walk out in front of a car without warning. Or if someone is under the influence, they might fail to look before stepping off a sidewalk and into the lot.
Additionally, other parties might be responsible for a pedestrian accident—or even multiple parties. When the Max Meyers Law legal team assesses the facts of your case, we’ll investigate all aspects of potential liability.
What to Do After a Washington Pedestrian Parking Lot Accident
Even if you’re able to get up and brush yourself off, it’s imperative to treat the situation seriously. Injuries still happen when a vehicle makes contact with a person, even at very slow speeds. Here’s what to do in the minutes, hours, and days after your accident.
Ensure Safety and Seek Medical Care
First, call 911 and if possible, move to a safe location away from traffic. Some injuries may not be immediately apparent, so arrange for a thorough medical exam.
Report the Accident
Unlike traffic accidents on roads, law enforcement may not necessarily come to the scene of a parking lot collision and file an accident report. You may need to call them to report an injury and request an officer. Their report will also be essential evidence to support your case.
Exchange Information
If you’re medically able, collect contact information from the involved parties, including names, phone numbers, addresses, and insurance information. If there are witnesses, try to obtain their contact information as well.
Document the Scene
Again, if you’re able, take pictures of the accident scene, including the vehicles involved, your injuries, and the surrounding area. Note the incident's time, date, and other relevant details.
Avoid Admitting Fault
Be cautious about admitting fault or making statements that could be perceived as an admission of guilt. Even saying “I’m sorry” to be polite might be misinterpreted. Be aware that there’s often more to these accidents than meets the eye—and you might not have all of the facts.
Follow Medical Advice and Keep Records
Keep track of all treatments, assistive devices, physical therapy, and other related expenses. Maintain a record of communication with insurance companies and other parties involved.
Get Legal Assistance
If there are claim disputes or concerns about liability, or if you want to make certain you’re making the right legal choices and getting the compensation you deserve, it's advisable to consult with a legal professional skilled in handling the complexities of Washington pedestrian accident cases. Our team is happy to consult with you and answer any questions you have—and if we can help you obtain a rightful settlement.
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Will I have to go to court if I file a car accident case in Washington State? When many people think of car accident claims, they often picture a courtroom, with an injured victim sitting on the witness stand in a neck brace, telling their story to a jury. But while this might be a scene they’ve seen on television or read in a book, it’s not the reality for the vast majority of accident cases.
In fact, about 96 percent of all injury cases are settled out of court each year in the United States, leaving only four out of 100 decided by a court of law.
Still, there’s a small chance that your car accident case needs to go to court. In this article, we take a closer look at why some cases settle fairly, what happens if your case does go to court, and how our experienced car accident team at Max Meyers Law can help you through the process in both instances.
Why Do Some Injury Cases Go To Court?
First, let’s talk about the roughly 96 percent of cases that don’t go to court. In those instances, the injured party and their lawyer file a claim for damages with the insurance company (or companies) in question. During this process, both sides examine the case evidence and the insurer either approves or rejects the claim. Then, the party seeking damages can either accept or reject the offer of compensation. In most cases, after appeals, compromises, and negotiation, the parties come to a fair settlement.
However, there are a few cases in which a car accident and injury insurance claim could go to court:
- The insurance company rejects your claim, but you still believe you’re in the right.
- The insurer approves your claim, but you don’t the amount of compensation adequately covers all your accident-related losses.
- You and the insurance carrier ultimately cannot come to an agreement about your claim or its amount.
As with many other areas of life, such as a divorce or business dispute, if two parties cannot agree on an outcome, they go to court and have a judge and/or jury decide the case.
In this way, the decision is taken out of both party’s hands and given to the court system.
Pros And Cons of Going to Court for Your WA Car Accident Case
There’s a valid reason that most car accident and injury claims don’t go to court: both parties actively try to avoid the option. Why? Court proceedings lengthen the case timeline—sometimes significantly—and often take more resources than settling out of court. Going to court also means that there’s a chance that you could lose the case.
But there’s one big upside to the judicial process: you’re calling the insurance company’s bluff and fighting for what’s right. If you and your attorney are confident in the evidence in the case— and that the law is on your side—going to court may be the only way to get fair compensation if the at-fault party refuses to take responsibility or refuses to pay the correct amount.
In some cases, insurers decide to settle your case only after you prepare a claim for trial—all to avoid court.
All cases are different. It’s imperative that you and your car accident attorney decide if the claim settlement is unfair and that going to court is right for your circumstances.
Your Attorney Takes the Lead in Your Court Case
Many people feel intimidated or overwhelmed by the idea of a courtroom and taking a case to court. While people are free to represent themselves in court, it’s far more advantageous to choose an attorney with extensive knowledge of how to present car accident cases before a judge and jury, and how insurance companies operate in court.
A savvy lawyer also takes the burden off of their clients when it comes to navigating the court system, collecting evidence, filing paperwork, and speaking with the judge and jury.
The Stages of a Car Accident Trial
If you and your attorney decide taking your car accident case to court is the best solution, the legal team first walks you through the entire process, then prepares you for any hearings and ensures that your story is told in full. Here’s how the process usually works.
Filing a Lawsuit
Your lawyer formally files a legal document—referred to as the complaint—outlining the case, the damages sought, and the legal grounds. Then the defendant is notified of the lawsuit and provided with a copy of the complaint.
Discovery Phase
Next, both parties exchange written questions to gather more information. Witnesses and parties involved may be interviewed under oath in depositions, while relevant documents and evidence are exchanged to support or challenge claims.
Pre-Trial Motions
At this point, either party may request the court to rule in their favor based on the evidence, avoiding a full trial. In addition, either side may file motions to exclude or limit certain evidence during the trial.
Trial
Finally, the trial itself begins. First, if applicable, a jury is chosen from potential jurors, a group of your peers. Next, each side has the opportunity to argue their case, citing evidence and bringing witnesses to the stand in support of their claims. After all of the arguments are heard, the jury deliberates and reaches a decision.
Possible Post-Trial Actions
After a trial is over, either party may be able to file an appeal or even request a new trial if they can prove that either option is appropriate.
Having an Attorney at Your Side
When selecting a Seattle car accident attorney, asking about their courtroom experience, history, and case results during an initial consultation can help you choose the legal representation that’s right for you. You may also wish to ask a few more related questions:
- How often do you bring accident cases to court?
- What were the outcomes of cases similar to mine?
- How do you decide with a client whether or not to go to court?
- What are your strengths and weaknesses in court?
- How do you bill clients if a case goes to court?
Going to court for your accident claim is rare, but that doesn’t mean that you shouldn’t understand all of your options and outcomes when choosing to work with an attorney. Our team is dedicated to seeing cases to their optimal outcome and keeping our clients educated, aware, and informed through every step of their case.
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I had pre-existing conditions before my commercial vehicle crash. Can I still file a truck accident case? Few of us can claim to have perfect health. Millions of people are born with various health conditions that they manage for their entire lives, and millions more suffer from illnesses and issues as they get older, from age-related conditions like heart disease and diabetes to wear and tear like herniated discs or bad knees. Others deal with lingering problems from past physical trauma, such as broken bones and traumatic brain injuries.
So if you were injured in a collision with a big rig, semi, tanker, or another large commercial vehicle due to someone else’s negligence, can you still seek truck accident compensation with preexisting injuries? The short answer is absolutely yes. If you can prove that another party is liable for the accident and that your health was harmed as a result, you’re entitled to economic and non-economic damages for your losses, which could include medical bills, lost wages, and pain and suffering. Whether your old injury was made worse by the crash or whether you experienced a new medical issue in addition to your other conditions, you may have a valid claim.
At Max Meyers, our legal team is dedicated to fully understanding the consequences of your truck accident as well as the damages you are owed in your case.
While pre-existing injuries can complicate your claim, they certainly don’t invalidate it.
Existing Conditions That May Become Worse After a Truck AccidentReally, for the majority of Americans, imperfect health is simply part of living. So it makes sense that many people injured in car accidents are already managing certain aspects of their health at the time of their crash. So for some people, new injuries make their existing conditions worse.
For example, a person with spinal cord problems might discover their back now requires surgery following a crash with a commercial truck. Someone else who sustained several concussions in college may find out that the consequences of striking their head during an accident are much more severe due to their injury history.
There are a number of preexisting medical conditions that could be exacerbated by the impact of a truck accident—and some of them might surprise you. They may include, but aren’t limited to:
- Herniated discs
- Spinal cord conditions
- Degenerative disc disease
- Neck injuries
- Concussions
- Traumatic brain injuries
- Old bone breaks and fractures
- Cardiovascular disease
- Arthritis
- Diabetes
- Fibromyalgia
It’s imperative that you disclose your full medical history to the doctors and other health care professionals caring for you in the wake of a truck accident so they can better understand your case and treat your injuries thoroughly. It’s also absolutely vital to see a doctor as soon as possible after the truck accident in order to establish a clear record of your health and how your injuries were affected. If you notice any changes in your existing conditions, be sure to tell your doctor.
How the Max Meyers Law Team Secures Truck Accident Compensation With Pre-Existing Conditions
If you were suffering from an existing condition before your accident but the incident either made your injury worse or added a new medical concern, it’s all the more important to discuss your car accident case with an experienced attorney with a history of success handling these cases.
When our team at Max Meyers Law approaches these cases, we take specific, deliberate steps toward proving that you’re owed compensation even though you had an existing condition at the time of the accident. We also ensure you avoid costly mistakes. Here’s our process:
- Establish your preexisting condition through past medical records.
- Determine what contributed to the worsening of your condition or injury.
- Prove who’s liable in your truck accident case, and whether multiple parties were at fault (such as both the driver and the trucking company).
- Consult medical experts who can speak to your individual situation, support your injury claim, and help determine your possible future medical needs.
- Prevent the insurance company from claiming that your all truck accident injuries were preexisting.
- Take your case to court if necessary.
Insurance companies will do everything in their power to reject your claim. In the cases where the car accident victim might have preexisting medical issues, they may argue that your new injuries were preexisting, too—and therefore the truck company owes nothing. But if your condition was made worse by the accident, you and your attorney will have to fight hard to prove it.
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After an accident, how do I get records for a truck driver's training and certifications? Driving a commercial truck comes with significant responsibilities. Not only are drivers tasked with safely getting expensive cargo from Point A to Point B on time, but they’re also in control of an enormous 80,000-pound vehicle that can reach speeds of 70-80 mph. One mistake while behind the wheel could cause catastrophic injury and death.
In order to minimize accidents and keep the roads safe, there are numerous federal and state regulations involving truck driver licensure, training, and certification. Additionally, trucking companies also put safety measures into place to ensure their fleet is in the best hands—and to protect against liability. After a serious collision with a commercial vehicle, a skilled WA truck accident attorney will investigate a series of factors to prove fault. One of the most common is a company uses due diligence to confirm a truck operator’s training and certification.
We outline truckers’ commercial operator requirements and other required certifications and training, and explain why this information is imperative to your truck accident settlement.
CDL Training Requirements In Washington State
In Washington State, obtaining a Class A commercial driving license (CDL) that allows you to drive full-sized tractor-trailers requires 160 hours of overall instruction, including:
- 70 hours of combined lab, range, and observation training
- 40 hours of classroom instruction
- 18 hours of street driving
- 16 hours of backing maneuvers
- 16 hours of proficiency training
Receiving a Class B CDL (for smaller vehicles like box trucks) or Class C CDL (for carrying 16 passengers or more) requires 80 hours of various forms of instruction. There are also several other types of CDLs available for drivers of passenger buses, school buses, and Hazmat vehicles.
In addition to the training hours, earning a CDL requires all holders to be 18 years or older, have a valid Washington driver’s license, and complete a knowledge test and a skills test. Drivers must also pass vision and hearing tests.
It’s important to note that while the operators of smaller vehicles, such as delivery trucks, are only licensed within Washington State, long-haul truck drivers may travel across state lines and received their CDL under the requirements of a different state.
Federal Motor Carrier Safety Administration Truck Driver Requirements
In addition to state requirements, there are federal regulations related to driving a truck as well — even if a trucker’s vehicle doesn’t leave the state. The Federal Motor Carrier Safety Administration requires the following of commercial truck drivers:
- Proof of citizenship or lawful residency
- Proof of a valid driver’s license in one state
- A completed driving skill test in a vehicle similar to the one used on the job
- Proof of residence in the state where the CDL is issued
- Education on whistleblower protection, driver wellness, driver qualifications, and legal hours of service
Truck Company Employee Requirements
Trucking companies also have extensive requirements for drivers. While these vary by employer and cargo, common stipulations include:
- Valid CDL for the vehicle the person will operate
- Review of 10 years of driving records
- A medical exam that includes blood pressure, blood sugar, and overall fitness to drive
- Background check
- Proof of ability to lift a certain weight
- On-the-job training, such as shadowing other drivers
Who’s Liable for Your Truck Accident Damages?
It’s a common misconception that a traffic accident is the fault of one driver or the other. In fact, some large truck wrecks are caused by numerous parties, many of which aren’t physically present at the crash like the vehicle operators are. For example, a trucking company may be to blame if it overloaded the vehicle, had a driver work an illegal number of hours, or didn’t investigate a driver properly before hiring them. At Max Meyers Law, our team conducts a thorough investigation to determine if any of the following parties may be at fault:
- The trucker
- A truck operator’s employer
- The cargo loading company
- A maintenance company or crew
- A truck part manufacturer
- The owner of the truck cab
- The owner of the trailer
In some cases, a local, county, or state municipality could be liable if inadequate road conditions contributed to the accident.
Truckers Who Should Never be Behind the Wheel
There are many truck driver training and certifications required to keep everyone safe. When these regulations are ignored or cheated, people can become seriously injured or killed. It’s easy to understand that some truck accidents happen due to reckless driving, driving under the influence, or distracted driving. But some commercial vehicle crashes happen for other reasons including, but not limited to:
- A trucker didn’t have a valid CDL
- They weren’t properly licensed or trained to operate the vehicle involved in the accident
- A truck operator lied about their license and their company never investigated it
- An employer didn’t investigate a trucker’s history of driving offenses
- A truck driver had a medical issue that compromised their abilities
- An employer never completed a thorough background check on its driver
How Max Meyers Investigates Truck Drivers
At Max Meyers Law, we always tell motorists to refrain from taking blame or apologizing after a truck wreck. Why? Because the causes of traffic incidents—especially commercial semi-truck accidents—are more complex than they seem. In fact, the party responsible for economic and non-economic damages in your case, such as medical bills, lost wages, pain and suffering, and even wrongful death, might not even be at the scene of the accident.
Our legal team is committed to getting to the bottom of your case. That includes investigating the truck driver or drivers to ascertain their licenses, training, and certifications, as well as examining the fleet company’s hiring process and knowledge of the operator’s record. With all of the evidence, we find that the true causes of the crash, and its consequences, become clear.
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When should I contact a car accident lawyer? Even minor car accidents can feel overwhelming—and major crashes that involve significant personal injury and property damage can turn your whole life upside down. Because of the stress, confusion, pain, and anxiety of the situation, it can be tempting to make everything go away as soon as possible by simply agreeing to whatever the insurance companies offer, not trying to determine what you’re owed under the law, and just getting everything over with without asking questions.
If you genuinely want to receive the compensation you legally deserve after a traffic collision that wasn’t your fault, you need to speak to a Washington car accident and injury attorney. Not only can we determine your damages accurately, but we can fight insurers and argue your claim while you focus on what’s truly important: recovering from your injuries and getting back to your everyday life.
However, if you never contact us, we can’t help you. Below, we outline when it’s okay to skip calling a car accident attorney, when you should pick up the phone after a wreck, and why it’s better to be cautious and consult a legal professional.
The Right Time to Call a WA Car Accident Attorney
This answer is easy: as soon as possible. The more time you let pass, the greater the chance that essential details will be missed. Additionally, insurance companies will push on building a storyline that negates your claim, even if you weren’t at fault. Also, remember that Washington has a statute of limitations on personal injury claims. This deadline outlines how long you have to file a claim, which is three years from the date of the incident.
The following should be your top priorities ASAP after a traffic collision.
Getting Medical Attention
Your health and safety surpass everything, even getting legal help! If you were injured in an accident, go to the emergency room as soon as you can to be evaluated and treated, even if you believe any injuries are only minor (post-accident adrenaline can trick you into thinking you feel fine). It’s just as important to follow through on all appointments, treatments, medications, and therapies that medical professionals assign you
Collecting Information and Evidence
After your car crash, having as much information as possible is key to arguing your case later. While at the scene, if you’re not too hurt, be sure to get the names and contact information of the other drivers as well as any witnesses or responders. Also, if you’re healthy enough, take pictures of the scene and any damage.
Contacting a Lawyer
Your third priority should be to request a free consultation with a local injury attorney. Do this before you talk to insurance companies or make any official, recorded statements about what happened. An initial conversation with most accident lawyers is free, and can put you on the right path to getting the compensation you deserve.
Car Accidents That Don’t Require an Attorney
A limited number of crashes don’t require the help of a Washington car accident attorney. For example, if your crash meets the parameters below, you likely don’t need legal help.
- You weren’t injured.
- No one else at the scene was injured.
- The damage to your car and other involved vehicles is superficial or minor.
- The other party was clearly at fault and all parties agree to this fact.
- You didn’t miss a significant amount of work
- You didn’t incur any significant damages from the accident.
However, even if all of the above is true, it never hurts to contact an attorney experienced in this area of law for a free consultation to make sure you have all your bases covered and can handle resolving a claim without legal help.
Car Accidents That Often Require an Attorney
So when is it necessary to have legal counsel after a traffic accident? Usually in circumstances that involve significant injuries and damages, or when there’s a need to determine negligence or prove fault. So reach out for a consultation if:
- You and/or someone else in the crash were injured.
- Your loved one lost their life in the accident.
- There was serious damage done to vehicles or property at the scene.
- The insurance company denied your claim.
- An insurance adjuster is asking for a recorded statement.
- Fault isn’t crystal clear.
- You missed a significant amount of work and income because of the incident.
- You experienced other damages in the accident that may be difficult to calculate.
- You suffered injuries that are likely permanent.
Even if you believe you’re being treated fairly in this situation, an experienced Washington attorney like the professionals at Max Meyers Law can verify that you’re getting everything you deserve—and on a reasonable timeline. They can also look at the evidence and calculate your damages accurately as someone who is on your side and on your team.
How a Kirkland Car Accident Attorney Can Help
Sometimes it might feel like contacting a Kirkland car accident attorney is an extra step in an already complicated process, requiring more work. But in reality, an injury lawyer intends to make everything easier so you receive proper compensation and justice.
While it can be scary or intimidating to make the first call, the benefits are significant. A knowledgeable attorney can:
- Has only your best interests in mind.
- Acts as your advocate from the beginning to the end of your case.
- Navigate the details of Washington state traffic accident laws.
- Answer any questions you may have about the legal process surrounding your case.
- File the claim and stay on top of other necessary documentation.
- Handle all communication with insurance companies for you.
- Accurately determine the amount of compensation you deserve.
- Make certain your case moves forward so the statute of limitations doesn’t expire.
- Prepare for and defend your case before a judge and jury, if necessary.
- Give you peace of mind that you’ve approached your case correctly.
If you aren’t sure if you need an attorney in the wake of your accident, simply request a free consultation. At Max Meyers Law, our legal team listens to your story and examines the facts, then lets you know if you’ll benefit from legal representation or if you can handle the process yourself with good results.
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What damages can I get if I'm permanently disabled in a truck accident? Anyone who has been in a fender bender knows what a mess it can cause to your health, finances, and daily life. It can involve dozens of calls to various insurance companies, weeks to get your car repaired, and even minor injuries that take time to heal.
But now imagine you’ve suffered permanent injuries in a Kirkland truck accident that wasn’t your fault. The process of physical, emotional, and financial recovery is heartbreaking and incredibly stressful. What avenues of restitution are available for your damages? The skilled Washington truck accident legal team at Max Meyers Law is ready to help you through the overwhelming process of holding the liable parties responsible.
What Is a Permanent Disability?
It’s any type of injury that has a lasting, lifelong effect. Rarely are you able to fully restore your health as it was prior to the semi-truck crash.
If an injury greatly impacts your well-being, changes your ability to move through the world, or alters all aspects of life you previously enjoyed, it’s a permanent disability. Certain permanent injuries may reduce your ability to pursue a career, enjoy hobbies, care for your family, or independently care for yourself.
Millions of people with disabilities find ways to adapt, flourish, and live happy and fulfilled lives. However, it’s imperative to remember that if your permanent disability was caused by another party’s negligence, they could be responsible for the costs of your condition. You have a right to seek justice and proper compensation.
Why Truck Crashes Can Cause Permanent Disabilities
A commercial truck, usually more than 50 feet long, can weigh up to 80,000 pounds when fully loaded with cargo. Hitting one with your car, even a large SUV, is like smashing into a concrete wall.
Even simple fender-benders that wouldn’t usually cause serious damage can turn fatal if a tractor-trailer is involved. Certain types of truck accidents often cause more severe and permanent injuries than others:
- Head-on truck crashes
- Rollover truck crashes
- T-bone accidents
- Pile-up truck accidents
Types of Permanent Disabilities Caused by Truck Crashes
When your vehicle collides with a truck, your body experiences blunt force trauma by coming into contact with parts of your own vehicle, parts of the truck, or in some cases, objects outside of the colliding vehicles, like the road. This impact breaks bones, tears flesh, and harms vital organs, such as the brain, spinal cord, and heart.
Common medical conditions people suffer in large truck and tractor-trailer accidents include:
- Traumatic brain injuries
- Spinal cord injuries
- Sensory issues, like blindness or deafness
- Paralysis
- Nerve damage
- Complete or partial limb amputation
- Back and neck injuries
- Severe burns
- Psychological trauma
Permanent Disability Damages After a Kirkland Truck Accident
There are astronomical costs associated with catastrophic permanent disabilities. Your compensation claim needs to include not only the immediate recovery costs, but also long-term care, potential lost wages, and more. Here are some key economic damages a knowledgeable truck accident attorney will evaluate when preparing your case.
Medical bills
Everything from the ambulance ride to the hospital to initial care, diagnostic tests, and surgeries should be paid for by the insurer for the at-fault party, whether it’s the large truck driver, the transportation company, or another entity.
Future medical bills
In addition, the settlement should factor in rehabilitation costs, ongoing care, and follow-up surgeries.
Medications
Many people who live with permanent injuries from truck crashes require regular medication for pain, trauma, or organ issues. Some may also take medication for PTSD, depression, or anxiety.
Nursing care
Individuals with the most serious permanent disabilities—such as spinal cord damage and paralysis—may need part-time or full-time nursing care to attend to daily tasks like brushing their teeth, making a meal, or bathing. This care could last until the end of their life.
Home alterations and accommodations
Many permanent injuries require special accessories or living arrangements. For example, a person who uses a wheelchair after a truck accident will now require a ramp, bars in the bathroom, large door frames, and other home alterations. They’ll also need special supplies and accommodations for the rest of their life.
Lost wages and loss of earning potential
Sometimes when a person’s health suddenly changes, they lose the ability to continue their career. Not only do they lose wages for every day they can’t work while recovering from their injuries, but they also lose future earning potential. A permanent disability damages claim after a truck accident should take into account the victim’s lost wages and future earnings as well as any re-training or schooling necessary to return to the workforce.
The Hidden Costs Of Permanent Disability
It’s critical to your wellbeing to choose a truck accident attorney you can trust to evaluate these essential non-economic damages in your case.
Pain and suffering
It’s easy to know how much a wheelchair costs, but it’s harder to put a price tag on the pain of having your legs crushed in an accident or the suffering you endure if you can no longer care for yourself independently. The legal system has specific ways of calculating an injury survivor’s pain and suffering so they may be compensated for it.
Psychological damages
The consequences that a devastating accident and permanent injury can have on your mental health can be equally as dire as physical injuries. Survivors can suffer from anxiety, depression, OCD, and PTSD after their large truck crash, and these issues may last a lifetime. They may also require therapy, in-patient care, and medication.
Loss of marital relationship
In some cases, a physical disability might mean that you can no longer enjoy a sexual relationship with your partner. This type of loss is hard to put a numerical value on.
Loss of quality and enjoyment of life
Having a permanent disability might limit life experiences you can engage in, from playing baseball in the backyard with your child or hiking a mountain. More importantly, it might compromise your independence, such as being able to feed yourself or go to the restroom alone.
A permanent injury drastically changes the trajectory and ease of your entire life. If you were hurt in a commercial vehicle accident that wasn’t your fault, we encourage you to review our settlements and verdicts to understand how we’ll assign value to your case and work diligently to secure the justice you deserve. -
How will I pay for my surgery after a motorcycle accident? Even at low speeds, Seattle motorcycle accidents often cause serious injuries to the rider. Without the common safety protections provided in cars—such as seat belts, airbags, and a metal cage—riders are subjected to more instances of blunt force trauma, fractures, damaged organs, spinal cord injuries, and brain injuries. Many of these injuries – from torn ACLs to broken wrists to broken necks – require surgery.
How can you afford these expensive surgeries, and who is ultimately responsible for the bill at the end of the day? It’s essential to know all your options for how to pay for surgery after a motorcycle accident—including holding the at-fault driver liable for injury compensation.
Using Personal Injury Protection (PIP) or MedPay Coverage
Some people assume that if they have car insurance or motorcycle insurance, it covers any expenses related to accidents that they have. Unfortunately, this isn’t necessarily true, and the vast majority of people don’t carry enough insurance or the right type to cover all accident injury expenses.
Some motorcycle riders in Washington may have optional Personal Injury Protection (PIP) or MedPay as part of their vehicle insurance plan. PIP covers medical bills and other expenses, like lost wages, while MedPay only covers medical expenses.
However, it’s important to note that motorists and motorcycle riders aren’t required by Washington state law to carry PIP. Although most insurers are mandated to offer it, riders can reject the coverage in writing.
Unless you’ve elected for more coverage, PIP plans often only cover the first $10,000 of medical costs. The surgery or surgeries that you require after a crash may be significantly more than that, especially in addition to other medical expenses such as:
- Emergency room treatment
- Ambulance rides
- Doctors’ visits
- Medication
- Medical equipment
- Therapy and rehabilitation
How to Pay for Surgery After a Motorcycle Accident: Health Insurance Coverage
Your private or public health insurance plan may be another option for paying for surgeries related to motorcycle crash injuries. However, you shouldn’t assume all your medical costs will be covered by insurance. As you might know from past experience, health insurance often only kicks in after you hit an annual deductible, and many plans require copays or for you to pay a certain percentage of costs.
In addition, your insurance may not cover certain medications, medical equipment, and other associated costs of surgery and recovery, like lost wages.
The bottom line? Even with PIP, MedPay, and health insurance coverage, the surgeries you require for full recovery are expensive.
Responsibility of the Parties at Fault to Compensate for Your Injuries
In Washington, the individual or entities found liable for the accident should also be held responsible for footing the bill. Clearly establishing who was at fault for your bike accident is vital for getting your surgery costs covered and reimbursed—and a skilled motorcycle injury lawyer may be able to help you do that.
In many cases, a few of your early medical expenses may be covered by a PIP or MedPay plan. Then, if you have health insurance, it might also cover some or most of your medical expenses like surgery, depending on your policy.
However, if you file a claim and have the at-fault party’s insurance coverage pay for your medical expenses, you’ll be paid for your out-of-pocket costs and your insurer is reimbursed for its payments as well.
Paying for Future Medical Costs
It’s imperative to keep in mind that medical costs don’t end after your initial trip to the emergency room or after surgery. Treatment expenses can continue for days, months, or even years after a motorcycle accident. You may require ongoing medications, rehabilitation, or follow-up surgeries—and these costs add up.
For this reason, you must ensure that your legal team thoroughly calculates and secures compensation for your past, current, and future medical needs when filing a motorcycle accident claim.
Think Before Signing Settlement Offers
Insurance companies often attempt to save money by quickly sending motorcycle crash victims settlement offers after a crash, especially if it’s obvious their policyholder was at fault. These settlement offers frequently underestimate all related medical expenses—and signing these offers may result in you getting stuck with more costs in the future.
Be sure to speak with a knowledgeable Seattle motorcycle accident attorney before giving statements about your accident to insurers and definitely prior to accepting any offers. -
Should I pursue a dram shop claim in Washington after a drunk driving accident? Almost everyone knows that drinking and driving is not only against the law but also patently unsafe. However—and despite years of legislation—a stunning percentage of Americans admit to having driven a vehicle while under the influence of drugs or alcohol. And with alarming regularity, accidents happen.
Under Washington state law, drunk driving accident victims have a legal right to file a claim for compensation against the person or party who caused their accident. When restaurants, bars, and social hosts continue to serve alcohol to clearly intoxicated visitors or to minors, they could be held liable for the costs of their own negligence.
Washington State’s Dram Shop Laws
The Evergreen State, along with most other states, has enacted “dram shop” legislation. Dram shop laws provide a critical opportunity for accident victims to file legal claims against third parties that enable or otherwise facilitate an intoxicated motorist’s inebriation.
In Washington, dram shop claims are often categorized as either of the following:
- First-party dram shop claims. This is a lawsuit filed against a commercial establishment—perhaps a bar or nightclub—that sells or serves alcohol to a person under 21 years of age, resulting in injury to the minor.
- Third-party dram shop claims. This lawsuit is filed against a commercial establishment that serves alcohol to a person who’s already intoxicated, resulting in injury or death to another party.
Dram shop laws demand that any person or business that serves alcohol presume that a heavily intoxicated person could cause injury to themselves or others. When representatives of bars and other establishments neglect their legal responsibilities and endanger the public, they could be held liable for the costs of any resulting accident.
Social Host Liability in Washington State
Washington’s dram shop laws provide accident victims with an opportunity to recover damages from irresponsible commercial businesses.
However, dram shop laws cannot typically be used to file a personal injury lawsuit against a private party—or social host—who serves alcohol to invited guests. Under most circumstances, a social host can only be found liable for accident-related damages if they serve alcohol to visitors under the age of 21.
The Potential Defendants in a Dram Shop Claim or Social Host Liability Lawsuit
Some accidents are simply unavoidable. However, when another person or party’s negligence causes an accident, they could be held responsible for the costs of any accident-related injuries.
The potential defendants in a drunk driving or dram shop claim include, but aren’t limited to:
- An intoxicated driver
- Bar
- Nightclub
- Restaurant
- Social host
If successful, a dram shop personal injury lawsuit could provide victims with the resources needed to begin rebuilding their lives.
Damages Awarded in Dram Shop Claims
If a Washington court finds that a drunk driver or dram shop defendant is liable for an accident, it may award damages to the victim, which are defined as compensation for injuries caused by a negligent third party. Injuries can be physical, financial, or emotional.
Damages are typically categorized as any of the following:
- Economic damages. This award provides financial recovery for objective, tangible losses, including reimbursement for paid medical expenses, compensation for anticipated care, and lost income from work.
- Non-economic damages. These cover comparably intangible losses, such as emotional pain and suffering or loss of enjoyment.
- Punitive damages. Unlike economic and non-economic damages, punitive damages are a court- or jury-imposed award intended to punish an incredibly negligent defendant.
Washington, unlike some states, currently doesn’t cap the damages available in most dram shop claims. However, a strict statute of limitations applies to most personal injury claims. If you wait too long to contact an experienced Seattle-area dram shop attorney, the statute of limitations could lapse, and your claim could be dismissed on a technicality.