Seattle Car Accident Lawyer Blog

A jury has awarded Ashely Zauflik $14M for injuries she sustained in 2007 when she was hit by a school bus and dragged under it.

Zauflik was 17-years-old and a high school junior and awaiting the school bus along with a crowd of other students when the school bus driver mistook the gas pedal for the brake, jumped the curb and ploughed into the students, dragging Zauflik nearly a quarter of a mile.

Zauflik was the most critically injured of all of the students. She suffered crush injuries to her left leg and doctors had to amputate her leg above the knee. She also suffered other fractures and injuries to extremities and injuries to her internal organs. Doctor's put her into a medically induced coma for a month after the accident.

Zauflik's recovery has not been an easy one and she is currently in a wheel chair or uses crutches because she has not been able to afford a high-tech prosthesis which costs upwards of $65,000.

The $14M jury award consisted of $3M for past and future medical expenses and $11.M in non-economic damages including the disfiguring injury and for pain and suffering.

The school district conceded that the driver was at error in the pedestrian accident after a National Transportation Safety Board review of the accident found that the brakes were not properly adjusted.

Problem with the School Bus Pedals

Prior to the negligence trial, Zauflik reached a confidential settlement with four separate companies who responsible for the manufacture and design of the school bus and it's braking system. It appears that the design of this bus has the pedals too close together which may have been a factor in this bus v. pedestrian accident.

Continue reading " Jury awards student $14M for school bus accident injuries " »

Two University of Washington (UW) vans were involved in a rollover motor vehicle accident in California, injuring approximately seven University undergrads reports The Seattle Times.

33 undergraduate students from the UW Foster School of Business were traveling to California to attend a conference and they were caravanning in three vans when two of the vans collided.

After the vans collided, one van hit the center divider, causing it to rollover.

Two students suffered moderate to serious injuries when they were ejected through a broken window from a van; these two students were taken by helicopter to a trauma center.

The California Highway Patrol (CHP) is investigating the cause of the accident.

The investigation of this accident may determine whether driver inexperience, driver inattention or drowsy driving were perhaps factors in the van accident.

The ejected students may have not been wearing seat belts or their belts may have failed. Passengers thrown from a motor vehicle accident are four times as likely to be killed and 14 times more likely to suffer a serious spinal injury than those that remain in the vehicle.

Continue reading " UW students injured in California rollover motor vehicle accident " »

One woman was critically injured and taken to Harborview Medical Center in Seattle and six other people were injured, some seriously, when a pickup truck that was being pursued by police collided with multiple vehicles which in turn, collided with other vehicles.

The Seattle Times reports that the multiple-car collision occurred near Northgate Mall around 4pm this afternoon during "rush hour" after police attempted to stop an unidentified 21-year-old female driver who was driving erratically. Police attempted to stop the woman with stop strips and she was driving on two flat tires right before the collisions.

The chain events began when police pursued a woman driving a blue Dodge pickup at Northeast 92nd Street and First Avenue Northeast near Interstate 5. Police followed the woman northbound 1st Avenue Northeast when she suddenly accelerated, drove through an intersection and struck multiple vehicles when she drove in the opposite lane. Police suspect that the woman was driving under the influence of drugs or alcohol.

The article said that the driver of the pickup truck was taken to Harborivew which has a Level I trauma unit. Her condition is unknown at this time.

Six of the injuries appear to be quite serious chest and one person was listed in critical condition.

In all, four people were taken to Harborview. A 21-year-old woman was airlifted to Harborview in critical condition, a 19-year-old woman, a 24-year-old woman and a 29-year old man were all taken to Harborview. A Seattle Fire Depart public information officer described some of the injuries as "head, back, neck and airbag deployment injuries. "

Police have not yet charged the driver of the pickup truck but she may face serious charges of Vehicular Assault if it is determined she was driving recklessly or driving under the influence.

Based on news accounts, the investigation into this multi-car accident will be complicated because of the number of vehicles and victims involved. Seriously injured victims are well-advised to consult with an experienced Seattle personal injury lawyer who will work to make sure their rights are protected.

Continue reading " Many injured in multiple car accident near Northgate Mall when pickup truck attempts to flee police " »

A woman who suffered catastrophic injuries when the van she was riding in was hit in an intersection by a vehicle whose driver was speeding and had run a red light has settled her negligence lawsuit for nearly $1.68M. In her lawsuit, the victim claimed that the driver of the vehicle that hit the van she was riding in was negligent for speeding, for running a red light and for failing to keep a proper lookout.

According to the case , the unidentified victim, a 56-year-old woman, suffered several serious injuries including:

• A traumatic brain injury which can leave the injured with cognitive impairment.
• Dental fractures which resulted in temporomandibular joint dysfunction which can cause face, jaw or neck pain and stiff jaw muscles.
• A brachial plexus traction injury which causes her pain in her arm and makes it difficult to lift things and perform routine household tasks.

The victim had $345,100 in medical expenses and will require future medical care.

Red light violations are a major cause of car accidents in Washington state. According to the Insurance Institute for Highway Safety, approximately 260,000 motor vehicle accidents are caused by red light runners every year. In some cases, red light runners take their eyes off of the road and are distracted. In other cases, the driver may be driving under the influence of drugs or alcohol. As in this case, often a driver who runs a red light has committed another traffic infraction.

Continue reading " Woman seriously injured in accident caused by red light runner awarded $1.68M settlement " »

One driver faces charges of Assault and another driver was cited for Negligent driving after the two men got into a physical altercation after a traffic collision on State Route 167 around 6:38 on February 7.

The Washington State Patrol reports that the two men got into fisticuffs with one hitting the other with a sledge hammer after the collision

It appears that the two men became angry with one another following a lane change. A 33-year-old Renton man who was driving a Nissan 300ZX says that Brett Carter of Bothell forced him off the road. The driver of the minivan then maneuvered in front of the minivan and slammed on the breaks.

The two men then pulled onto the shoulder and Carter hit the driver of the Nissan in the shoulder with a sledge Hammer.

Carter was booked into King County and will be charged with Assault, the driver of the Nissan was cited for negligent driving.

Profile of Someone Who Commits Road Rage

Though Seattle/Tacoma was rated as one of the "most courteous cities" with the least amount of road rage, road rage does occur here. Although drivers of all ages can be involved in an act of road rage, the profile of someone involved in a road rage incident is a male between the ages of 18 and 26, poorly educated and with a history of alcohol and drug use.

However, it is not unheard for an older driver to commit an act of road rage. Sometimes drivers who suffer from a mental illness or has experienced some type of traumaise involved in an incident of road rage. In 2010, Dr. Dennis Geyer, a 38-year-old neurosurgeon was charged of second-degree assault after he was involved in an altercation with 61-year-old Robert Speed and slugged Speed and hit him with a thermos.

Continue reading " Drivers charged after State Route 167 collision and road rage incident " »

An unidentified bicyclist was awarded $6M for injuries sustained when he was hit by an airport shuttle bus near the John Wayne Airport in Orange County.

Vik Jolly, writing in The Orange County Register, reported that the 32-year-old bicyclist suffered serious injuries including a fractured pelvis and internal injuries in the bicycle accident.

The plaintiff's law firm said the award was one of the largest bicycle accident settlements in the County's history. Both sides of the lawsuit signed a confidential agreement prior before a jury trial.

The plaintiff's attorneys said the shuttle bus driver ran over the man after failing to yield and he admitted to not seeing the bicyclist.

The defendant's claimed that the bicyclist was not equipped with reflective gear and was under the influence of Xanax and marijuana at the time of the accident.

Confidential Settlement

A confidential settlement is a contract that disputing parties in a lawsuit sign before or after court action begins. Many times, the plaintiffs and defendants in a lawsuit settle the dispute before a trial begins to avoid the stress and legal fees involved.

In this case, the settlement amount probably reflects the fact that the bicyclist continues to suffer chronic pain in his neck, back and pelvis and it is likely that his recovery was a long one.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in bicycling accidents and pedestrian accidents and the family of those who have died.

Continue reading " Bicyclist injured by airport shuttle bus awarded $6M " »

The National Highway Transportation Safety Board just released the results of study which attempted to do a "snapshot" of where the nation is with distracted driving. What they found may surprise; With all the laws and bans on hand-held cell phones and the prohibition of texting while driving, the practice is going up, especially with drivers between the ages of 21 and 24.

The study revealed that 50% of drivers between the ages of 21 and 24 admit to e-mailing or texting while driving.

The practice of texting, emailing or surfing the web is so ubiquitous that 1 in 100 car drivers are doing at any one time.

The NHTSA calls Distracted Driving an "Epidemic" and they say that almost 5,500 people were killed and 450,000 more people were injured in distracted driving accidents in 2009.

According to Russ Rader of the Insurance Institute for Highway Safety, "Everyone thinks he or she is an above average driver." 50% of drivers say that making a cell phone call does not affect their driving and 25% said that texting or e-mailing while driving did not affect their driving performance.

Drivers are conflicted about cell phone usage while driving, however. Respondents to the NHTSA were supportive of cell phone bans, but in practice, they just don't apply them to themselves. 71% of those surveyed said they will accept incoming calls while driving and 41% said they will place outgoing calls while driving.

Two pilot projects in Syracuse, NY and Hartford, CN, have reduced distracted by using a two-prong approach: writing more tickets and waging an aggressive public education campaign. During these two pilot projects, hand-held cell phone and texting decreased by approximately 30%.

Washington state has two laws related to distracted driving: RCW 46.61.667 USING A WIRELESS COMMUNICATIONS DEVICE WHILE DRIVING and RCW 46.61.668 SENDING, READING, OR WRITING A TEXT MESSAGE WHILE DRIVING.

Was your car accident caused by a distracted driver?

If your Washington car accident was caused by a distracted driver, you should read,

Continue reading " Despite state laws, texting drivers on the increase " »

Gordon Burin, 51, was awarded a $12.29M injury accident settlement for an accident that left him with a traumatic brain injury and neck and back injuries. Burin's medical expenses after the accident were $235,100.

Burin was driving on an interstate highway when a truck lost a wheel from its axle. Burin struck the wheel and the jolt caused him to hit his car's ceiling. Burin underwent surgery for his back and neck injuries but the traumatic brain injury let him with diminished memory and cognitive abilities and caused a change in his personality. His brain injury left him unable to work as a commercial airline mechanic.

Vicarious Liability

Burin and his wife filed suit against the truck driver for negligence and also the owner of the truck alleging vicarious liability. Vicarious liability -- respondeat superior -- is a legal doctrine that holds a person or a company liable for the action of an employee in the course of their employment.

Lost Wheel Accidents

When a vehicle traveling at high speed loses a wheel, the results are often catastrophic. Sometimes a lost wheel will crash through a vehicle windshield. When the a lost wheel accident involves a commercial vehicle, authorities look at the trucking company's safety and maintenance records to insure the vehicle passed appropriate inspections as wheels do not normally come off of vehicles.

In this case, the jury must have felt that the truck driver and truck driver were negligent in maintaining the truck in finding the defendants jointly and severally liable.

Continue reading " Driver who was injured when trucker loses wheel awarded $12.29M accident settlement " »