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There are generally two types of trucking accidents. Many people think only of those where the semi causes catastrophic injury or death. A fully loaded tractor-trailer can be dangerous.  Those instances certainly exist, and they are worthy of special time and attention in their own right. But what about when another driver hits a trucker? That happens, too. And those cases present some unique challenges.

If you can prove that the injuries that you suffered as a result of an incident are permanent, then you are able to seek a much higher number in terms of compensation in your potential personal injury case.  Essentially, if you are facing dealing with your injuries and symptoms for the rest of your life, the compensation you can seek in your personal injury claim is much greater (and that's only fair for the reasons discussed below).

But, ultimately the most effective method to affirmatively prove permanent injury is through the testimony of a medical provider or doctor.  Where a doctor testifies to the jury and explains that, to a reasonable degree of medical certainty, the injured person more probably than not suffered permanent injury. In some instances, an injured person might believe, personally, that they are permanently injured but their doctor is unable to testify that this is true from a medical perspective.  There may, then, be problems of proof in that case.  That injured person may not succeed in collecting damages for a permanent injury.

We need to slow down. Obey the speed limit, especially in school zones and residential areas. Pay attention and drive defensively. We need to protect our kids.  Dr. Steven Cliff, the Acting Administrator of the National Highway Traffic Safety Administration has appropriately stated that “loss of life is unacceptable on any of our nation’s roadways and everyone has a role to play in ensuring that they are safe.” We owe that responsibility to our children. 

After over 40 years in this wonderful career I am stepping back from the full time practice of law, effective July 1, 2021.  I will remain of counsel with the Schauermann Thayer firm, assisting and offering input on issues and cases as needed. I have really enjoyed being able to work for and wit...

On July 16, 2021, the Clark County Bar Association circulated court updates for Clark County's Superior and District Courts which went into effect on July 19, 2021 and effectively opened up the courthouse to a greater degree than it has been during the pandemic. The Superior Court has updated the COVID-19 Mitigation Order for the Courthouses (GO 21-03) as well as the Emergency Order (GO 21-04).

Sometimes the fact that the crash was so traumatic can lead to mental health impacts not only from the event itself but also from either having avoided death and having survived (often called “survivor's guilt”), depending on the circumstances.  This can cause people some significant crash-related symptoms beyond physical injury.  It might even arise to a level where mental health counseling or therapy is both needed and obtained.

Partners Brad Thayer and Ben Melnick have been selected by their peers as two of Washington's Plaintiff's Personal Injury Rising Stars in the 2021 Super Lawyers Magazine. Mr. Thayer is a repeat winner, and this is Mr. Melnick's first selection. 

“Seat Belts Save Lives” is not just a public service announcement; it is reality. A recent publication by the National Highway Traffic Safety Administration (“NHTSA”) found a clear correlation between seat belt usage and lower rates of death in automobile collisions.  The study looked at overall ...

NHTSA estimates that approximately 38,680 people died on the road last year. That is a 7.2% increase over 2019 and the largest total since 2007. The fatality rate also increased per 100 million vehicle miles traveled, too.   This may seem strange since there were fewer people on the roads, and people drove less. That is probably due, in part, to reduced travel, reduced commuting, fewer businesses being open, and overall life is a little more isolated in 2020. 

Ordinarily, in the personal injury cases we get called upon to handle, the client's emphasis is on trying to obtain a remedy for the damage they suffered. Just compensation for the harm that was caused to them.  But not always. Some clients just want to deter the person or entity that harmed them or their loved one from being careless again and hurting someone else, or worse yet, from killing someone.  Both concerns are important – civil deterrence and civil redress. But this is a blog about civil deterrence. 

Welcome to a basic primer on “the Rescue Doctrine”. If a careless person puts himself or another at risk of injury, and a third person is trying to help gets hurt, can they be held responsible for the attempted rescuer's damages? The answer in Washington State as well as in Oregon is definitely, “Yes”. 

Why are Insurance Companies so Cheap?By Bill ThayerMarch 19, 2021 I am often asked the question set out above in the title of this blog, or some variation of it.  Many times by unrepresented people calling our office regarding the offer an insurance company has made to them, or by my own clients...

If I decline an ambulance at the scene of a car crash does that kill my personal injury case?By Brad Thayer In short, no.  Personal injury claims are more nuanced than that. In doing what we do we always have to consider what a jury will think when they hear testimony and evidence at trial.  Al...

CROSSWALKS This summer and fall, with nicer weather and folks emerging in public from COVID-induced hibernation, pedestrian/crosswalk safety is vitally important.  A good summary of many areas of the law can be found in the pattern jury instructions that we lawyers use when in trial. These are ...

When resolving a personal injury claim by settlement against a third party, in the situation where Washington worker's compensation (Dept. of Labor and Industries/”LNI” or a self-insured employer/”SIE”) has paid the bills, under the Tobin case you must allocate the settlement between economic damages (medical bills, wage loss) and general damages (“pain and suffering”).

DOGS AND HOMEOWNERS INSURANCE In February my family welcomed a new puppy, a first for us. Just now, halfway through the year, I got around to calling my insurance agent to ask if my homeowners insurance needed to be updated to take this pooch into account. As we've written about before, dog owne...

Should I see my primary care doctor after a car accident? By Brad Thayer As we've discussed on this blog before, we stay in our lane as attorneys and don't unduly influence our clients' course of medical care.  We are attorneys, not doctors, and we know that.  Our clients are, more often than n...

As of 2020, motor vehicles on the roadway must give bicyclists at least 3 feet of space, if not the whole lane, when passing.

But what's worse is when the crash causes the front seat to fall backward onto a child in the back seat and/or in a car seat—resulting in a catastrophic injury or even worse the death of a child. 

When allowed, recreational fires must be built in a metal, stone, or masonry-lined pit (such as those seen in campgrounds or sold in home and garden stores). Fires must not exceed 3 feet in diameter by 2 feet in height, must be at least 25 feet from a structure or other combustible material, and must have at least 20 feet of clearance from overhead fuels such as tree limbs, patio covers, or carports.

A near-death experience will change any person. But when a parent sees a child have a near death experience, a law will change. When Robin Abel's daughter, Maria, was almost killed by an unsecured load outside Seattle, she knew something would have to change to limit these preventable events. Ms...

Under Washington state case law, a government entity has a duty to maintain its roads such that they are reasonably safe for ordinary travel.  But this duty is conditional, for it arises only when the government entity has notice of and time to correct the hazard in question.  Likewise, a county, town, or state has a duty to exercise ordinary care in the design, construction, maintenance, and repair of its public roads, streets, sidewalks, and bridges to keep them in a reasonably safe condition for ordinary travel. 

We don't like giving unduly influence our clients' course of medical care.  We are not doctors.  We don't play pretend.  We do try and help our clients solve problems on every level. Sometimes a big problem is being able to obtain the medical care they need to address their injuries and symptoms—but, even then, we stay in our lane as much as possible.