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Pedestrian Accident Causes Life-threatening Head Injury | Seattle Injury Attorney

Date: November 19, 2009, 11/19/09

Location: Renton Avenue S. near Rainier Beach

Outcome: One serious injury

A pedestrian accident injury in Rainier Beach left one man seriously injured Thursday morning after he was caught in a nylon rope used to tow a car.

The man was taken to Harborview Medical Center with life-threatening head injuries.

A GMC truck was towing a Toyota Camry (both cars had drivers in them) southeast on Renton Avenue South near 62nd Avenue South. The driver of the GMC turned right onto Renton Avenue and the Toyota went straight catching the pedestrian in the tow rope.

The man was crossing 62nd Avenue at an unmarked crosswalk.

According to police, neither driver showed any signs of being impaired by drugs or alcohol. No citations were issued but the investigation is ongoing.

Pedestrian accident statistics from the National Highway Traffic Safety Administration say that there have been 180,000 pedestrian deaths between 1975 and 2005.

When cars and pedestrians are involved in an accident the outcome can be especially serious. Speaking with experienced Seattle injury lawyers like Christopher Davis would be beneficial in ensuring you receive the damages owed to you.

Bicyclist Dies From Head Injuries Received in Collision | Seattle Traumatic Brain Injury Lawyer

Type: Traumatic Brain Injury-TBI, Head Injury

Date: November 15, 2009, 11/15/09

Location: Blewett Pass Highway near Leavenworth

Outcome: One dead

One man died from a traumatic brain injury-TBI after a collision with a tow truck around 4:30 Sunday afternoon on the Blewett Pass Highway near Leavenworth.

According to Washington State Patrol, Randal J. Thomas, a Leavenworth resident, was pronounced dead at Central Washington Hospital in Wenatchee.

Thomas was riding his bicycle to church on the shoulder about one mile south of the intersection of Highways 2 and 97. Thomas was hit when he made a left turn in front of Kenneth W. Snart, a tow truck driver from North Bend.

Snart was unhurt.

We offer our deepest sympathies to the family and friends of Randal Thomas in this difficult time.

According to the Bicycle Helmet Safety Institute, head injuries account for more than 60 percent of bicycle-related deaths. Ninety percent of cyclists killed on US roads die in crashes involving motor vehicles.

If you know someone who has suffered or died from a brain injury received in an accident, it may be in your best interest to consult with an experienced Traumatic Brain Injury Lawyer who will look over the facts of your case.

More Great Resources For Victims of Mild Traumatic Brain Injury l Seattle TBI Attorney

Seattle attorney Chris Davis appears on CNN to discuss Natasha Richardson's death and traumatic brain injury.

What is a Traumatic Brain Injury (TBI)? l Seattle Brain Injury Attorney

Just what is a traumatic brain injury?  Recently the Washington state legislature has adopted a law to establish that “traumatic brain injury” (or TBI) is defined as

…injury to the brain caused by physical trauma resulting from, but not limited to, incidents involving motor vehicles, sporting events, falls, and physical assaults. Documentation of traumatic brain injury shall be based on adequate medical history, neurological examination, mental status testing, or neuropsychological evaluation. A traumatic brain injury shall be of sufficient severity to result in impairments in one or more of the following areas: cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; or information processing. The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.  RCW 74.31.010(4).

This definition also mirrors the one adopted by the Individuals with Disabilities Education Act (IDEA) (formerly the Education of the Handicapped Act) and codified at 34 C.F.R. § 300.7(b)(12).

The Washington legislature has also recognized that TBI “can cause a wide range of functional changes affecting thinking, sensation, language, or emotions,” and that the condition “can also cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age.”  The Legislature has further declared that “the impact of a traumatic brain injury on the individual and family can be devastating.”  See RCW 74.31.005.

What is encouraging is that the State of Washington has formally recognized that a traumatic brain injury is a serious problem that can have long-lasting consequences on the individual victim and that person’s entire family.  We have only recently begun to establish programs to help TBI survivors deal with this potentially devastating condition.  In fact, I see this play out in my law practice virtually every day. 

The TBI clients we represent struggle with activities that most of us take for granted.  Many of our TBI clients have just enough awareness to know how they were before the accident that left them with their brain injury. This awareness can be very painful.  The TBI victim often doesn't know what's wrong.  Other people believe they are just faking it, or acting strange to get attention.

Unfortunately, the insurance industry goes to great lengths to take advantage of TBI victims.  They will say untrue things about the coverage that exists to pay their bills and lost wages.  Sometimes adjustors will use pressure tactics to get the TBI victim to sign forms and accept a settlement offer that is unreasonably low.  These cases can be difficult to prove and the insurance carriers often mount a very aggressive defense of these claims.  All TBI victims with legal claims should consult with an experienced personal injury attorney immediately to make sure their rights are protected.

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Another insurance company fails to protect its insured – Davis wins $362,500 verdict on $50,000 policy.

Mr. Davis is busy today as he just wrapped up a trial late yesterday.  So I am making this blog post for him today. -Mischelle, Client Relations Manager

In 2004 Ed Pemberton, age 46, was the victim of a 35 mph car crash that was caused when another driver ran a stop sign.  Mr. Pemberton t-boned the other driver's car and then ran into a tree.  Both vehicles were declared a total loss. 

Mr. Pemberton ran and operated his own residential and commercial glass company.  He claimed losses to his business following the accident. He endured neck and back injuries including disc protrusions at C4-5, C5-6, and C6-7, post concussive syndrome and mild traumatic brain injury (MTBI).  He had a range of other symptoms and conditions due to the accident.  A neuropsychological evaluation confirmed ongoing cognitive, memory and concentration problems.

The insurance company for the other driver, Encompass Insurance Company, dug deep into Mr. Pemberton’s past medical history which revealed a prior whiplash injury from a car accident in 1999.  A cervical MRI following that accident showed a bulging disc.  The insurance company argued that his neck pain and symptoms were caused in large party by this previous accident.  In 2008, Mr. Pemberton was injured again in another rear-end accident.  The insurance company was also able to argue at trial that this 2008 accident caused his neck injury to worsen. 

Mr. Pemberton’s past medical bills exceeded $25,000.  He also claimed past income loss of $83,000.  Despite these amounts, Encompass refused to pay out the at-fault driver’s policy limits of $50,000 when demanded by Mr. Davis.   Mr. Pemberton was then forced to incur substantial expense to prepare for trial.  About one month before trial Encompass offered its $50,000 policy.  But by  this time Mr. Pemberton had incurred additional litigation expense of several thousands of dollars.  The decision was made to reject the offer and try the case in court.

Trial lasted seven (7) days.  The jury returned a unanimous verdict in the amount of $362,500.  Mr. Davis reports that he will ask Encompass to pay the entire verdict based on its failure to protect its insured’s interests when it had an opportunity to settle for policy limits early on in the litigation.  This is the fifth (5) such excess verdict recovered by Mr. Davis over the last few years.  Insurance companies can, and do, violate their fiduciary obligation to protect their insured’s interests by not settling the case for an amount at or within policy limits when given the opportunity to do so.