Personal Injury News

At Fault Driver With “Daylight Driving Only” Restriction

Posted on by Charles E. Martin

• Our client was stopped in traffic on Meeker Street in Kent when the negligent driver slammed into the rear of his vehicle causing him to hit the vehicle in front of him. He thus suffered two impacts.
• It is noteworthy that the negligent driver had a “Daylight Driving Only” restriction on his driver’s license. The accident occurred at 17:40 (5:40 pm), which in January in the Pacific Northwest it is already dark.
• Due to intense neck pain and a spliting headache, our client went to the MultiCare Urgent Care Clinic where he was treated with Toradol for pain and Flexeril, a muscle relaxant. He was diagnosed with cervical sprain, muscle spasms, headaches with radiation around the sides of the head, and nausea.
• As stated in the Patient Instructions, a cervical (neck) sprain or strain is a tear of a muscles or tendons around the neck. It can take up to six weeks to recover.
• The Urgent Care report indicates that our client was excused from work.
• The enclosed lost earnings statement from his employer shows his lost income. The supplementary statement from his supervisor describes the physical problems he was having on the job.
• His condition did not improve and he returned to Urgent Care. The report indicates that he possibly had a brief loss of consciousness at the time of the accident. He continued to have headaches in the back of his head, dizziness, feeling “out-of-it” and spacey. CT scan of the head found bilateral nasal bone fractures.
• The significant diagnosis of the January 15 visit was “concussion syndrome” with referral to the Concussion Clinic. It was also noted that he continued to suffer from the cervical sprain/strain and spasms previously diagnosed.
• The Urgent Care notes for January 31 indicate that he continued to have problems and was calling for an appointment.
• The notes from his next appointment on February 5 indicate that his headaches were continuing to be a concern. The doctor describes the headaches as pain starting at the neck and causing pressure around his head. The headaches are constant.
• His next encounter was on February 19 for a two week renewal of his medications.
• He endured several weeks of pain and headaches, and suffered the consequences of a concusion. The effects of concussions often cause problems for years after the injury.

Attorney Chuck Martin was able to negotiate a substantial settlement for this client. If you or a friend or family member have been injured in a motor vehicle accident, you should contact the law firm of MartinLaw as soon as possible. Statistics compiled by the Insurance Research Council show that people with attorneys recover three and a half times larger settlements than those who try to go it alone. This is why insurance adjusters attempt get injured parties to quickly sign a release in return for a substantially lower settlement than what their case is worth.

High Speed Rear-End Collison on I-405 by Uninsured Driver

Posted on by Charles E. Martin

• Our client was driving her brand-new Chevrolet Volt on I-405, moving only about 20 mph due to heavy traffic, when she was struck in the rear by an uninsured vehicle going approximately 40 to 50 mph. Her car was shoved into the car in front of her. She was taken by ambulance to the ER where it was noted that she had neck pain as well as pain across her shoulders and upper back. She was released within a few hours.
• Her car was severely damaged. The repairs cost over $10,000.
• The next day she also began having pain in her lower back and sought additional medical treatment. She was referred for orthopedic consultation. She reported tingling and numbness in her upper extremities and headaches. She also reported pain and weakness down her lower extremities and into her feet causing her to trip on stairs.
• She had MRIs of the cervical and lumbar spine. The lumbar MRI revealed L5-S1 disc degeneration, and an L4-5 left laminectomy, which was done three years previous. The cervical MRI revealed a fusion at C4-5-6, which was done seven years previous, and mild stenosis at C3-4, C6-7 and T2-3.
• She then had an MRI of the thoracic spine which revealed paracentral disc herniations at T2-3, T3-4, T7-8 and lower thoracic facet joint arthrosis, greatest at T10-11.
• Her past medical history included the following spinal procedures:
Cervical discectomy and fusion at C4-5;
Cervical discectomy and fusion at C5-6;
Lumbar discectomy at L4-5, no fusion.
• She continued to have significant neck and back pain and was unable to perform the activities that she was able to do before the accident. This includes household activities such as cleaning and gardening and recreational activities such as yoga, palates, weight training and aerobics. She was pain free and actively engaged in all these activities before the accident.
• She works as a property manager which requires significant physical activity inspecting houses, which she has been forced to curtail. Before this accident she was having no problem performing these activities.
• Initially she only received conservative treatment such as physical therapy and pain medication. She was forced to discontinue medical care due to lack of funds.
• MRIs revealed disc lesions at C6-7 and L4-5 encroaching on the nerve root and the spinal canal and foraminal stenosis at C6-7. The doctors indicate this correlates with her pain symptoms.
• The doctors recommended surgical intervention which would be performed on the cervical as well as the lumber spine.

Due to her extensive pre-existing conditions, which included three spinal surgeries, the insurance company insisted that the accident was not the cause of her current pain and disability. They gave the client a final offer of $15,000 prior to her retaining MartinLaw. Attorney Chuck Martin was able to obtain a favorable medical report from an orthopedic specialist. Within two months of Mr. Martin’s involvement on the case, he was able to procure a settlement for policy limits of $100,000 from the client’s uninsured motorist coverage. He was also able to recover an additional $6,000 for the diminished value of the client’s vehicle. He then persuaded the insurance company to waive their PIP (medical bills) subrogation of $10,000, bringing the total value of the settlement to $116,000. Again, they made a “final offer” of $15,000 to the client prior to MartinLaw’s involvement.

If you are injured in a motor vehicle accident, it is imperative that you obtain a lawyer as soon as possible. People with lawyers recover, on average, three and a half times more money in settlement than people who attempt to handle their claim themselves. This is why insurance companies try to quickly settle with you before you have a chance to retain a lawyer.

To find out how MartinLaw and Chuck Martin can help you obtain a significant settlement on your car accident case please visit our car accident page. To contact Chuck Martin please call 206-360-8141 or submit the contact form for a free evaluation of your case.

Truck Forces Small Car Into Curb

Posted on by Charles E. Martin
  • Our client, a young man 25 years old, was driving his 2011 Volkswagon Jetta in the right lane of a 4 lane divided road (2 lanes in each direction) going about 35 mph when a truck in the lane to his immediate left suddenly moved into his lane, hitting the driver’s side of his vehicle and pushed him into the curb. Even though he was wearing his seat belt and shoulder harness he was tossed forward and backward during the impact striking his chest and abdomen on the steering wheel.
  • He began having headaches, chest pain and lower back pain with increasing intensity, prompting him to proceed to the emergency room at Provident Medical Center in Everett. There it was noted that he had significant muscle spasms. He was diagnosed with lumbar strain and muscle spasms and prescribed medication for pain and anxiety and a muscle relaxant.
  • On January 21 he followed-up with his primary care physician at Group Health in Everett where the muscle spasms were again noted. He was diagnosed with thoracic sprain and was referred for physical therapy.
  • On January 26 while visiting his mother in Edmonds, his pain and spasms became unbearable. He went to the emergency room at Swedish Hospital in Edmonds where it was noted that the medications previously prescribed were not helping. His medication was replaced in an attempt to stop the spasms.
  • A follow-up visit to his primary care physician gives a detailed description of the intensity and location of his pain, right between the shoulder blades with visible spasms.
  • He tried physical therapy but it was not helping and in fact made the pain worse.
  • Another follow-up report from his primary care physician indicates that the pain was “unrelenting”.
  • An MRI of the thoracic spine revealed degenerative changes.
  • A subsequent report diagnosed “severe episodic pain in the face of chronic pain. He has an impressive response to the pain at times”.
  • After months of doctor visits with little to no relief from the pain, he was referred to a Pain Management Clinic where he was diagnosed with chonic thoracic pain and chronic neck pain exacerbated by the motor vehicle accident. Unfortunately, the pain clinic offered nothing additional to alleviate his pain or help him to manage the pain
  • He has continued with his treatment through the present time with no relief. He lost his health insurance coverage when he turned 26 years old as he was on his mother’s policy. He is attempting to obtain coverage through Obama-Care so he can continue his treatment and hopefully find an answer for the pain.

 

Although the case presented major difficulties due to the pre-existing conditions, the law firm of MartinLaw was able to secure a significant five-figure settlement for our client within a few months after the accident.

 

To find out how MartinLaw and Chuck Martin can help you obtain a significant settlement on you car accident case please visit our car accident page. To speak with Chuck Martin please call 206-684-9468 for a free evaluation of your case.

Senior Citizen In Bike Lane Hit By Truck

Posted on by Charles E. Martin

Our client, a lady in her seventies, was riding her bicycle in the bike lane when a man driving a large pick-up truck turned right from a cross street and struck her from behind, knocking her to the pavement.

  • She was rushed by ambulance to the emergency room where she was diagnosed with four rib fractures on the right and pneumohemothorax (collapsed lung). She was given an epidural for pain.
  • A CT scan revealed a massive right rotator cuff tear. X-rays revealed a right elbow enthesopathy (detached tendon).
  • She remained hospitalized for six days before being transferred to a rehabilitation center. She underwent occupational and physical therapy. She remained there for six additional days. She was given instructions for home self-care and was advised to keep her right arm in a sling.
  • She continued follow-up care with orthopedic surgeon. She underwent epidural injections in her shoulder. An MRI on March 18 revealed the large rotator cuff tear with associated muscular atrophy, tendinosis of the subscapularis and arthropathy.
  • She endured several grueling months of physical therapy and rehabiltation. Developing adhesive capsulitis (frozen shoulder) is common in this type of injury and she will have to continue a dedicated self-help home care program of exercise and stretching.
  • Due to her age it was decided that rotator cuff repair surgery was not a viable option despite her limited range of motion. However, her orthopedist indicates that a total shoulder replacement is a very real possibily.
  • Prior to the accident she had a very active lifestyle. She played golf with friends twice a week and biked with friends several times a week. In the winter she participated in bowling. All of these activities have been curtailed during the rehabiitation from her injuries.
  • She has developed symptoms of PTSD, anxiety and depression and will need to continue to address these issues with additional talk therapy.
  • She also needed dental work for a cracked tooth and crown.

The law firm of MartinLaw PLLC was successful in completing a mid six figure settlement for this lady within six months of the accident.

To find out how MartinLaw, PLLC and attorney Chuck Martin will handle your car or bicycle accident case please visit the bicycle or car accident page.

 

Five Figure Settlement For On-The-Job Truck Wreck

Posted on by Charles E. Martin

• Our client was a restrained front seat passenger of a Ford F350 pick-up truck moving through an intersection when another vehicle ran a stop sign causing a massive collision. Both vehicles were traveling an estimated 40 mph.
• He was on the job at the time of the accident, working for the Public Works Department for the small city where he lives.
• The impact was on the passenger side where our client was sitting.
• The other driver admitted at the scene that he was distracted while talking to his passengers.
• Both vehicles were totaled.
• It was obvious at the scene that our client was suffering from potentially serious injuries. He was transported by ambulance to the emergency room at Whidbey General Hospital.
• At the ER, our client reported pain in his chest, abdomen, neck and back. Several CT scans were ordered which revealed bilateral L5 spondylolysis. He was diagnosed with contusions of the ribs and the abdominal wall.
• A tool box from the back of the truck came flying to the front and struck our client on the side of his head and gashed his left ear. He was discharged with pain medication.
• His neck, back and rib pain continued so he returned to the ER two days later. Additional CT scans were ordered which revealed degenerative disk and facet disease in the cervical and lumbar spine. He was again discharged without answers for the continuing pain symptoms in his side.
• As the pain continued to get worse he returned to the ER for a third time five days later, reporting shortness of breath and back pain. He was again discharged with a diagnosis of rib contusion and back spasms.
• He reported to the ER a fourth time a week later, determined to find answers for his continuing and increasing pain. CT scans of the abdomen and pelvis areas were ordered. It was finally determined that he had a displaced fracture of the right 12th rib with callus formation, meaning the rib was rubbing and irritating the surrounding tissue causing a callus to form. This was apparently the source of the side pain.
• He began treating with his primary care physician about three weeks after the accident. It was noted that he likely hit his head in the accident and had cervical and lumbar strain and severe tenderness along the right rib area. It was also noted that nearly every breath caused pain to his side. Sneezing caused unbearable pain. He was ordered to stay off work.
• He was referred for physical therapy which began about a month after the accident. This entailed electrical stimulation, ultrasound, therapeutic exercise and manual therapy.
• It was noted in the records that the gash on his ear had become infected requiring antibiotics.
• Our client has endured a difficult and painful course of medical treatment that continued about three months.
• The radiological studies show bilateral L5 spondylolysis as well as cervical and lumbar degenerative disk and facet disease. These conditions were exacerbated by this accident making his recovery even more painful and difficult.
• He works at a physicaly demanding job with the Public Works and street repair Department of the small city where he lives.
• His employer requires its employees to use sick leave and vacation time for time off from an injury. The L & I (workers’ compensation) benefit is paid to the employer. That benefit has to be reimbursed to L & I if there is a liability settlement.
• He reports that the accident ruined the Holiday Season for him and his family. Due to his pain and disability he could not participate in the usual Holiday activities. He could only sit and try not to move too much or sneeze.
• His favorite hobby is playing the drums with a band. He was completely unable to participate in this activity during his recovery. He continues to have pain and great difficulty attempting to engage in this activity.

A compact but well-documented, indexed and tabbed settlement package was sent to the insurance company. After several weeks of exhaustive negotiations, the case was settled for a high five figure amount within six months after the accident.

  • To find out how MartinLaw, PLLC and attorney Chuck Martin will handle your car or truck accident case please visit the car accident page.

Basic Principles of Accident Reconstruction

Posted on by Charles E. Martin

Newton’s Laws of Motion

F=Force, M=Mass, A=Acceleration

First Law: A body will remain at rest or continue to move in a straight line at a constant speed unless acted upon by an unbalanced force, F.

Second Law: If an unbalanced force, F, acts upon a body, its center of mass will accelerate in the direction of the force. The acceleration, a, is proportional to the force, F, and the constant of proportionality, m, is called the mass of the body. F=MA

Third Law: For every force acting on a body, there is an equal and opposite force acting on something else. (For every action there is an equal and opposite reaction)

Speed Change

The best single measure of the severity of a collision is the speed change that the vehicle undergoes during the brief time interval of the collision. The speed change is the magnitude of the difference between the pre-impact and post-impact velocities of the vehicle. It occurs in a split second. In fact, a typical car collision is over in 0.12 of a second. This means that an occupant’s body and head could be jerked from 0 to 10 mph in a spilt second. Breaking it down this way makes it clear why a low speed collision can cause moderate to severe neck and back injury and pain.

The concept of the collision speed change is especially important in low speed collisions because the amount that a vehicle rebounds in a collision that results in little or no damage is significant.

In most cases, the only thing that matters to the occupant is the speed difference between his or her body and the vehicle interior.

Types of Impacts in Auto Accidents

Rear impacts

Frontal impacts

Lateral Impacts

Sideswipes

Within each type of impact the accident reconstruction expert will try to determine:

  1. Vehicle Dynamics (the motion of bodies under the action of forces.)
  2. Occupant Kinematics (the motion of objects without reference to the forces that cause the motion.)

Vehicle Dynamics & Occupant Kinematics

Questions to occupants & witnesses to determine Vehicle Dynamics & Occupant Kinematics:

  1. Vehicle Dynamics:
  • Was your vehicle at rest?
  • If not, what was its speed?
  • Did your vehicle move as a result of the impact?
  • How far?
  • Were you behind another vehicle?
  • How far?
  • Did you hit the vehicle in front?
  • Was the vehicle in gear?
  • Which gear?
  • Were the brakes applied?
  • How hard?
  • What was the speed of the other vehicle when it struck your vehicle?
  1. Occupant Kinematics:
  • What was your height and weight at the time of the collision?
  • Where was the seat positioned?
  • How was the seat back adjusted?
  • Was the seat belt used?
  • What type of seat belt was used and how was it adjusted?
  • Where was the head restraint adjusted?
  • What was your posture in the seat?
  • Where were you looking?
  • Did you know the impact was coming?
  • Describe what happened to your body at impact.
  • Did any portion of your body contact the vehicle interior?

The exact questions will vary from case to case, but at the end, there should be a complete description of the motion of the vehicle and occupants during the collision. 

Rear Impacts

The risk of injury in any particular incident will be dependent on many factors including:

  • Collision speed change,
  • Vehicle structural characteristics,
  • Seat and head restraint dynamic characteristics,
  • Position of head restraints,
  • Use of seat belts,
  • Occupant age,
  • Occupant sex,
  • Occupant stature,
  • Occupant posture,
  • Predisposition to injury,
  • Knowledge of impending impact.

NOTE- cost to repair the vehicle is not listed as a factor. 

Injury Mechanisms in Rear Impacts

  1. Hyperextension/Hyper-flexion Injury-“Whiplash”
  2. Occupant’s body is accelerated forward,
  3. The head gets left behind because of its inertia,
  4. The neck extends backward beyond its normal limits,
  5. Forces developed in the neck accelerate the head forward,
  6. The neck overshoots its normal position, and
  7. The neck will then flex forward.
  8. Differential Rebound Injury
    1. Occupant’s torso rebounds forward from the seat prior to the head because of seat geometry and different seat and head restraint stiffness characteristics,
    2. The neck extends backwards even if there is a head restraint positioned behind the head.
  1. Tension/Compression Injury -“Ball and Chain”

Compressive and tensile (pressed & stretched) loading can develop in the cervical spine even though the overall motion of the head and neck are within normal limits, i.e. no hyperextension/hyper-flexion (whiplash).

  1. Spinal Canal Pressure Pulse Injury

Rapid head and neck motion, even if within normal limits, can cause pressure increases that may be damaging to nerves in the neck.

  1. Cervical Facet Joint Injury

The joints in the neck that allow flexibility are a common source of pain in rear impact claims. 

Accident Reconstruction Testing & Research Has determined:

  1. Symptoms such as neck pain and headaches begin to be reported in low speed rear impacts at speed changes as low as 2½ mph.
  2. Research reveals a significant prevalence of neck injury in rear impacts with speed changes of 6 to 9 mph.
  3. Some vehicles can withstand a collision speed change of up to 8 or 9 mph and remain essentially undamaged. At this level of impact, the occupant’s acceleration is far from trivial and the collision is well above the threshold level at which symptoms such as neck pain and headache are reported.
  4. A “no-damage” collision can have a speed change of 1 mph or 8 mph. It is essential to know at which end of the range the speed change lies. Risk of injury may be virtually non-existent at the lower end, but at the upper end there is a strong potential for injury.

Vehicle repair costs are not a factor in determining the severity of an injury in a rear impact claim.

  • To find out how MartinLaw, PLLC and attorney Chuck Martin will handle your car accident case please visit the car accident page.

Car Accident Causes PTSD in Children

Posted on by Charles E. Martin
  • Our client was driving with her two boys ages 6 and 4 in the back in carseats down a busy thoroughfare in Bellevue when a vehicle suddenly pulled out from a shopping mall exit directly in front of them.
  • She was traveling about 25 to 30 mph and had no time to stop before crashing head-on into the other vehicle.
  • This was a severe impact as the airbags deployed and the vehicles were totaled.
  • She began having persistent neck and back pain and stiffness. She sought treatment with her primary care provider.
  • She was diagnosed with cervical and lumbar strain and referred for physical and massage therapy.
  • The initial evaluation noted that she was unable to carry her other young son age 1½ for longer than 5 minutes.
  • It was also noted that she experienced left hip pain when walking and generalized aching pain across the scapulae and cervical musculature with tenderness and spasms from L3-L5. Every time she took a step with her left leg it caused a sharp pain in her left hip.
  • Additionally, she was having difficulty performing her job duties in her language translation business.
  • She continued her treatment for approximately 5 months during which time she suffered pain as a result of this accident.
  • The boys suffered mental distress as a result of the accident. A traumatic event like this is very disturbing to a young child.
  • Due to the boys’ ongoing symptoms and fear of riding in a car, or that the car was driving too fast, their mom sought assistance from a child psychologist.
  • Both boys were diagnosed with Post Traumatic Stress Disorder. The treatment consisted of the mother going to the psychologist to learn techniques to help the boys get passed their PTSD symptoms. It was felt that they were too young to get direct treatment and that going to a psychologist’s office would traumatize them further.
  • The 6 year old’s PTSD was manifested with anxiety, irritability and hypervigilance. He is constantly telling his mother or father that the vehicle is going too fast even when going slow.
  • The 4 year old’s PTSD was manfested with anxiety, irratibility, withdrawal, nightmares and difficulty sleeping.
  • The clients had a very limited amount of medical treatment.

In spite of the limited medical treatment, the law firm of MartinLaw PLLC was successful in negotiating substantial 5-figure settlements.

  • To find out how MartinLaw, PLLC and attorney Chuck Martin will handle your car accident case please visit the car accident page.

 

Driving Instructor Causes Car Crash

Posted on by Charles E. Martin
  • A driving instructor, who had a student in the vehicle with him, failed to yield right of way at 20th Avenue and Yesler, and turned left into oncoming traffic crashing head-on into our client’s vehicle.
  • Our client hit his head on the steering wheel causing a concussion and blurred vision.
  • Due to headaches and neck and lower back pain he went to the emergency room at Swedish Medical Center where it was noted that he had contusions on his forehead and left knee, acute cervical strain, lower back pain and a closed head injury.
  • He was given CT scans of the head and cervical spine which revealed head atrophy and degenerative disc disease in the cervical spine.
  • He was prescribed pain medications (Norco) and muscle relaxants (Robaxin) and discharged with diagnoses of closed head injury, acute cervical strain and acute knee contusion. He was advised to see his primary care doctor without delay.
  • He did visit his primary care doctor who prescribed physical therapy.
  • The physical therapy records note degenerative disc disease in his cervical spine, osteophyte formation in the lumbar spine, disc space narrowing at L2-3, lumbar facet arthropathy, anterolisthesis and excessive lumbar lordosis. These are medical conditions that develop over time and are not immediately caused by a traumatic injury. They would be considered preexisting conditions.
  • The physical therapist observed guarded walking and excessive eye movements to avoid cervical rotation and continually using his arms for support. Pain level is 8 out of 10. Also noted, pain can cause migraines.
  • He was unable to continue physical therapy as his wife had a stroke and he is her caregiver.

Despite that fact that our client’s medical treatment was intermittent and of short duration, and his primary diagnoses were for preexisting conditions, Chuck Martin was able to negotiate a substantial five figure settlement.

  • To find out how MartinLaw, PLLC and attorney Chuck Martin will handle your car accident case please visit the car accident page.

Runaway Truck Causes Fire & Destruction In Downtown Seattle

Posted on by Charles E. Martin
  • Our client, a lady in her mid-forties, was walking down James Street with her fiance in downtown Seattle heading for the Ferry Teminal with the intention of taking a scenic ferry ride across Puget Sound to Bremerton. Suddenly a large truck came careening down the hill, slammed into several parked cars causing one of the cars  to burst into flames. Several other cars then caught fire.
  • Our client ran down the hill to get away from the truck and the flames. She lost her balance and slammed into a nearby building.
  • A television news report on this accident was shown on KOMO 4 news.
  • Although mentally distraught, she decided to make the planned ferry trip to Bremerton, hoping that it would help calm her mental state. It is about a three hour round-trip. By the time she got back to Seattle she was in severe pain. She was also experiencing nausea, anxiety, vomiting, crying and an asthma attack.
  • She went to the emergency room at Northwest Medical Center. She was treated for her back pain with a narcotic injection and advised to return to the ER if she experienced increased pain.
  • The next day she did experience increased pain and returned to the Northwest Medical Center ER. She was again treated for her low back pain and instructed to follow-up with her primary care doctor.
  • She returned to the ER at Northwest Medical Center with sharp lower back pain radiating down her legs and reporting that it was painful to walk. The doctor suspected myofascial pain or possible herniated disc. She was discharged with pain medication.
  • She reported to the ER at Highland Medical Center. Her pain level was 7/10. Radiology reports indicate disc narrowing at L2-3, anterior osteophyte at L3, arterolisthesis at L2, sclerosis and hypertrophy at L3-4, L4-5 and L5-S1.
  • She was back in the ER at Northwest Medical Center a few weeks later for severe low back pain. This time she was referred to a neurosurgeon for evaluation for possible low back surgery.
  • She was finally able to get an appointment with her primary care doctor who noted leg weakness and shooting pains into the legs. She also reports that when she coughs it feels like she’s been “tazed”, pain shoots across her hips, her legs feel frozen and give out and pain shoots down both thighs. She was referred her for physical therapy.
  • Physical therapy started  about eight weeks after the accident. Her pain level was noted at 7/10. She continued with physical therapy for three months. The PT notes document the continuation of her pain, muscle spasms and radiculopathy throughout this period.
  • Although she had pre-existing lower back conditions, the records make it clear that these conditions were exacerbated by the accident.
  • She also had preexisting anxiety problems which were exacerbated by this accident with PTSD symptoms.
  • The case proved difficult as it appeared our client never had any physical contact with the truck that caused the accident, or any other object projected by the truck. We were finally able to determine through video footage and medical reports that she was struck on the ankle by an object from one of the exploding vehicles.
  • Another problem was the fact that nearly all of her diagnoses preexisted the accident.  However, we were able to show that the symptoms were exacerbated by the accident.
  • Despite the difficulties with he case we were able to recover a substantial five figure settlement for our client.
  • To find out how MartinLaw, PLLC and attorney Chuck Martin will handle your car accident case please visit the car accident page.

Motorcycle Accident Caused by “Phantom Vehicle”

Posted on by Charles E. Martin
  • A husband and wife were riding their motorcycle on a rural highway along the scenic Hood Canal. The husband was driving and the wife was on the back as a pasenger.
  • Suddenly a large SUV pulled out of a parking lot onto the highway directly in front of them. The husband had to lay the motorcycle down on the right side to keep from hitting the SUV head-on. They were traveling at about 45 mph.
  • The SUV then left the scene of the accident before anyone could record any identifying information.
  • The situation at the scene looked grim. One witness stated that as he ran to their aid he thought he would find two dead bodies. This witness was taking a smoking break from the nearby Farmer’s Market and saw the entire accident.
  • Ambulances were called and both husband and wife were taken to the nearest emergency room.
  • At the ER it was determined that the wife had injuries to her lower back, right wrist, right hip, right knee and right ankle. She had multiple abrassions to the right knee, leg and ankle and contusions to the abdomen and back.
  • The husband was found to have multiple rib fractures and injuries to the right scapula, chest wall, abdomen, pelvis, right shoulder, right arm, right elbow and right hip.
  • After several hours in the hospital it was determined that they were both stablized and they were discharged with instructions to seek follow-up medical with their primary care physicians.
  • It was later determined that the wife had a torn tendon in her right shoulder and a torn meniscus in her right knee.
  • She tried conservative treatment with physical therapy for several weeks but it soon became apparent that her shoulder required surgical repair.
  • She underwent shoulder surgery for the torn tendon.
  • About a month later she had arthroscopic surgery on her knee.
  • The husband continued with conservative follow-up care. Broken ribs are very painful but there is little that can be done medically to hasten recovery.
  • He suffered from these painful fractures for several weeks where even breathing can cause sharp pains.
  • Since there was no physical contact between the injured parties or their motorcycle and the SUV that caused the accident, the “Phantom Vehicle” provision became relevant.
  • Under Washington law, a “phantom vehicle” is a motor vehicle that causes bodily injury, death, or property damage to an insured but has no physical contact with the insured or the vehicle which the insured is occupying at the time of the accident. If however:
  • (a) The facts of the accident can be corroborated by competent evidence other than the testimony of the insured or any person having an underinsured motorist claim resulting from the accident; and
  • (b) The accident has been reported to the appropriate law enforcement agency within seventy-two hours of the accident; then
  • (c) Recovery can be obtained under the uninsured motorist provision of the injured party’s policy.
  • Unfortunately, the State Patrol Officer who investigated the accident did not obtain the names of any witnesses who actually saw the accident. She only recorded one name on her report, and that person was a nurse who had come to aid the injured parties, but who had not witnessed the accident.
  • However, the law firm of MartinLaw, PLLC immediately investigated the accident and located the witness who was taking a smoking break at the Farmer’s Market, and recorded his statement. This enabled the husband and wife to recover a substantial six-figure settlement from the underinsured provision of their own insurance policy. Without this effort by MartinLaw PLLC they would have recovered nothing due to the “Phantom Vehicle” provision.
  • To learn more on how the law firm of MartinLaw PLLC and attorney Chuck Martin will handle your car accident case please click on the car accident page.