Serving Your Interests, Protecting Your Rights

BICYCLES AND TRAUMA

What do you do if you get involved in a bicycle collision?

Call Police: You and the motorist have a legal obligation to remain at the scene of the collision and report to the police any accident that involved any physical or property damage.

Get Information From the Driver: Bicyclists and motorists have a legal obligation to exchange information at the scene of an accident including name, address, phone number, driver's license number, license plate number, make of car, and insurance policy number.

Get Names and Phone Numbers of Witnesses: Witnesses can be helpful in describing the accident or helping you record the information you need.

Get Police Collision Report Number: Before the police leave the collision scene, write down the collision number.

Report How the Collision Happened: Draw a detailed map or diagram using arrows to show the position and direction of all vehicles involved.

Seek Medical Attention: Consult a doctor immediately for an assessment of injuries.

Preserve Evidence: Photograph any visible injuries, keep any damaged clothing and bike parts, get a written assessment of the damage to your bicycle and avoid having the bike repaired, if possible, until the matter is concluded.

Rules of the Road

Here are some laws to be aware of whether you are a cyclist or motorist:

1. Riding on the Road: When riding on a roadway, a cyclist has all the rights and responsibility of a vehicle driver (RCW 46.61.755). Cyclists who violate traffic laws may be ticketed (RCW 46.61.750).
2. Roads Closed to Bicycles: Never ride on roadways closed to bicycles (RCW 46.61.160).
3. Children Bicycling: Parents or guardians may not knowingly permit bicycle traffic violations by their children (RCW 46.61.700). By implication state law requires parents to teach their children the rules of the road before allowing them to ride on public roadways.
4. Direction of Travel: Bicyclists must travel in the same direction as automobiles (RCW 46.61.770).
5. Side-by-Side: Cyclists may ride side-by-side, but not more than two abreast (RCW 46.61.770).
6. Riding at Night: For night bicycle riding, a white front light (not a reflector) must be visible for 500 feet and a red rear reflector is required. A red rear light may be used in addition to the required red reflector (RCW 46.61.780).
7. Hand Signals: Bicyclists must use hand signals when on public roadways (9CW 46.61.758).
8. Speed: Every cyclist upon the roadway must ride at a rate of speed less than the normal flow of traffic and appropriate for the road conditions (RCW 46.61.770).
9. Sidewalks: Drivers crossing a sidewalk must yield to bicyclists on the sidewalks.
10. Crosswalks: In crosswalks, cars must yield to bikes. However, the law requires bikes to yield to pedestrians (RCW 11.44.150).

SLIP AND FALL (PREMISES LIABILITY)

• In case of an accident, immediately notify the owner or manager.
• Get name, address, and phone number of any witnesses.
• If injured, get medical help immediately.
• In order to win, you must prove negligence on the part of the owner or the owner of the premises.

DOG BITES

In Washington State, a dog owner is strictly liable for the injuries caused by dogs. As long as you didn't taunt or provoke the dog, all you have to prove is that the dog bit you.

What to do:

• Photograph your wounds.
• Call the police of animal control.

LANDLORD LIABILITY

If you are injured in an apartment or other rental property, your landlord may be liable for damages.

Landlords are responsible for making sure that you are aware of potential hazards on the property and to act properly to make them safe for tenants.

AUTO ACCIDENTS

What do I do in an automobile accident?

Answer: Assist the injured, call police, do not move the vehicle, identify eyewitnesses, seek medical treatment if injured, insist on a written police report, consult your attorney before giving statement adjusters.

Should I talk to an insurance adjuster?

Answer: Do not discuss your case with anyone else other than your lawyer and medical providers. If you are contacted by an insurance agent, advise him/her that you would be pleased to have your attorney speak with them, and then have him/her telephone my office.

Should I try to settle my own claim?

Answer: If you sustained an injury requiring medical attention, you should consult an attorney as soon as possible. Experience shows that an attorney will generally obtain substantially more compensation for you than you would be offered by the insurance adjuster, even after payment of your attorney's fees and medical expenses.

My car is totaled. What are the obligations of the insurance company for the at-fault motorist?

Answer: The insurance company is required to pay you the fair market value of your vehicle before it was damaged in the accident. You may check the average fair market value of your vehicle at NADA.com. Most insurance companies will provide you with a rental car or pay you for loss of use of your car until you are offered a property damage settlement. My skilled experienced paralegal can assist you in obtaining a property damage settlement at no additional charge.

What do I do if I am injured?

Answer: First seek medical attention and photograph all of your injuries. I would recommend you keep a diary of your pain and suffering. Do not include any personal information unrelated to the case, since it may be used as evidence. If you are self-employed, keep a record of all time you were unable to work or perform your duties.

What should I tell the doctor when I seek medical attention?

Answer: Tell the doctor all about prior accidents and similar injuries. Your failure to do so may damage your credibility at trial or in negotiations.

Should I sign any documents?

Answer: Do not sign anything dealing with your claim without consulting an attorney.

Do I have to pay costs up front?

Answer: In most cases we will advance all your costs upfront, prior to filing a lawsuit. We will reimburse ourselves at the time of settlement or judgment.

If I hire you, what can I expect?

Answer: At our first meeting, I will obtain information about the accident, your injuries and damages. I also will discuss the strengths and weaknesses of you case and make a recommendation on how to proceed. In this meeting, I will talk about the fee for my services. I represent clients on a contingency basis. This means if there is no recovery, there is no charge for my legal services. However, you will be responsible for out-of -pocket expenses of preparing or litigating your claim. Any out-of-pocket expenses I incur on your behalf will be reimbursed from the proceeds of your settlement or award.

How much are my attorney fees?

Answer: You will pay 33.3% of any amount recovered in settlement, and 40% of the amount recovered in the event a lawsuit or demand for arbitration is filed.

How long will it take to settle my case?

Answer: Your case is not ready to be settled until you have completed all of your medical treatment.

How are my medical bills paid?

Answer: If you have purchased personal injury protection (PIP), your bills are submitted to the insurance carrier. Most policies in Washington have limitations of $10,000.00, but some policies provide for $35,000.00. If you don't have any PIP insurance, your bills are submitted to your medical insurance carrier. If you don't have personal injury insurance or medical insurance, you can still obtain medical treatment and your bills will be paid at the time of settlement of your case.

I can't work on account of my injuries. Who will pay for my lost wages?

Answer: If you have PIP coverage, your insurance company will pay $200 to $700 per week, depending on your coverage, after a 14 day waiting period. If you don't have PIP coverage then you may qualify for income loss payments through a disability insurance policy through your job.

What is included in my settlement?

Answer: A settlement or verdict may include money for lost and future wages, impairment of future earning capacity, vocational retraining costs, past and future medical bills, and money for past and future suffering that can include mental and physical suffering, disability and disfigurement.

Will the attorney personally handle my case?

Answer: I will personally negotiate you settlement and try your case, should that be necessary. My paralegal has special expertise in property damage claims will assist you in getting a property damage settlement.

What can I expect if my case goes to trial?

Answer: If settlement is attempted and a reasonable offer from the insurance company is not obtained, it may be necessary to initiate a lawsuit. A lawsuit is commenced by filing a Summons and Complaint with the defendant. From the time the lawsuit is filed until the time of the actual trial depends upon the county where the lawsuit is filed. In King County, Washington, that time is generally 18 months.

How can I help my attorney?

Answer: In many cases, you will be provided a questionnaire which requests that you furnish information about your medical condition and how you have been getting along. This is one means of keeping track of your progress. Promptly completing these forms and returning them to my office is extremely helpful. In addition, please notify my office of the following: change of address and/or phone number, change in employment-i.e. raises, reduction in salary, or loss of job; if you receive any new information regarding your case; if you are leaving town for more than one week; if you miss work due to your injuries and/or when you return to work; and if you are required to return to the hospital due to your injuries.

Law Offices of David S. Roth

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Phone: (206) 447-8665 | Fax: (206) 223-4021

Logan Building
500 Union Street, Suite 645
Seattle, WA 98101-4061
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Seattle personal injury attorney David S. Roth represents clients in cases such as car, truck, motorcycle, bicycle and pedestrian accidents in the greater Seattle area and throughout the state of Washington, in communities such as Bellevue, Everett, Tacoma, Redmond, Kirkland, Renton, Tukwila, Kent, Burien, Woodinville, Mill Creek, Snohomish, Lynnwood, Shoreline, Mukilteo and Edmonds.

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