A husband and wife were riding their motorcycle along a rural highway near the scenic Hood Canal when a sudden and dangerous situation unfolded. The husband was driving, with his wife seated behind him as a passenger, when a large SUV abruptly pulled out from a parking lot directly into their path. Traveling at approximately 45 mph, the husband had no choice but to lay the motorcycle down on its right side to avoid a head-on collision.

The SUV fled the scene immediately, leaving no identifying information behind. The severity of the crash was evident to those nearby. One witness, who had been taking a break at a nearby farmer’s market, later stated that as he ran to assist, he feared he would find two fatalities. Emergency responders quickly arrived, and both husband and wife were transported by ambulance to the nearest hospital.

At the emergency room, the wife was diagnosed with injuries to her lower back, right wrist, right hip, right knee, and right ankle. She also suffered multiple abrasions along her right leg and contusions to her abdomen and back. The husband sustained multiple rib fractures and injuries affecting his right scapula, chest wall, abdomen, pelvis, shoulder, arm, elbow, and hip. After several hours of treatment, both were stabilized and discharged with instructions to follow up with their primary care physicians.

Further evaluation revealed that the wife had a torn tendon in her right shoulder and a torn meniscus in her right knee. After attempting conservative treatment through physical therapy, it became clear that surgical intervention was necessary. She underwent shoulder surgery to repair the torn tendon, followed approximately one month later by arthroscopic knee surgery.

The husband continued with conservative treatment. Rib fractures are known to be extremely painful, often making even basic activities like breathing difficult. He endured several weeks of significant pain during his recovery, with limited medical options available to accelerate healing.

Because there was no physical contact between the motorcycle and the SUV, this case fell under Washington’s “phantom vehicle” provision. Under this law, recovery is only possible if the accident is corroborated by independent evidence and reported to law enforcement within a specified timeframe. Initially, the case faced a major obstacle because the responding State Patrol officer failed to document any eyewitnesses who actually saw the collision.

However, MartinLaw PLLC conducted an immediate and thorough investigation and successfully located the key eyewitness who had observed the entire incident. His statement provided the necessary independent corroboration required under the law.

As a result of this critical effort, the husband and wife were able to recover a substantial six-figure settlement through the uninsured motorist provision of their own insurance policy. Without this investigation and legal strategy, they likely would have recovered nothing under the phantom vehicle rule.