Personal Injury Law Update

Young Woman’s MySpace Page Subpoenaed in Car Accident Lawsuit

-Arlington, Washington- A young woman’s life changed forever in a split second, when she was involved in a horrific car accident.

She was on her way to work when another driver in an oncoming vehicle crossed the center-line striking her.  She is now in a nursing home because she cannot talk or take care of herself.

Her family has now filed a lawsuit not only against the other driver, but Chrysler, the maker of their daughter’s Dodge Spirit.  They are claiming that her injuries were partially due to a design flaw.

However, Chrysler denied the claim and have now turned their attention to the young woman.  The lawyers representing the Chrysler Company have issued a subpoena to obtain a court order to get full access to her MySpace page, which include her private blogs and personal thoughts.

The young woman’s MySpace page does have admissions to having smoke marijuana and being drunk in the past.  But despite that, the family’s attorney states there is no evidence that she had anything to drink the night of the car accident.

A Chrysler spokesperson agrees that the car accident is tragic, however believes that information on her MySpace could lead to relevant evidence.   

The family’s attorney says that she may ask the court for a protective order to keep Chrysler out of the young woman’s Mspace account, and feels, that Chrysler is now just trying to dig up some dirt on a young woman that is incapable of defending herself.

However, it is unlikely that the woman will be able to prevent the dirt from coming out in the lawsuit.  The above is a good lesson for all.  If you are going to create a MySpace page, you should assume that the information that you put in your MySpace page will become public if you ever get involved in litigation, decide to run for public office, and many other contexts.  You should not include anything that you would not want your mother to see.

Under the Influence of Texting

As of January 1, 2008, a new law against texting while driving went into effect in the state of Washington.

Texting while driving is considered to be a secondary violation.  Accordingly, police cannot stop drivers if they see drivers in direct violation of this law.

When other driving concerns are noticed or laws are broken, such as weaving or unsafe lane changes, drivers may end up with two citations instead of one.

It would be a good idea as well to start looking into hands-free devices.  Beginning July 1, 2008, the law requiring hands-free devices will go into effect. 

Below is the Washington Statute regarding text messaging while driving.

RCW 46.61.668
Sending, reading, or writing a text message while driving. (Effective January 1, 2008.)
(1) Except as provided in subsection (2) of this section, a person operating a moving motor vehicle who, by means of an electronic wireless communications device, other than a voice-activated global positioning or navigation system that is permanently affixed to the vehicle, sends, reads, or writes a text message, is guilty of a traffic infraction. A person does not send, read, or write a text message when he or she reads, selects, or enters a phone number or name in a wireless communications device for the purpose of making a phone call.

     (2) Subsection (1) of this section does not apply to a person operating:

     (a) An authorized emergency vehicle; or

     (b) A moving motor vehicle while using an electronic wireless communications device to:

     (i) Report illegal activity;

     (ii) Summon medical or other emergency help;

     (iii) Prevent injury to a person or property; or

     (iv) Relay information between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle.

     (3) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.

     (4) Infractions under this section shall not become part of the driver's record under RCW 46.52.101 and 46.52.120. Additionally, a finding that a person has committed a traffic infraction under this section shall not be made available to insurance companies or employers.

Head and Spinal Cord Injuries From Ski Accidents Rising

According to a recent article, a review of data on spinal cord and head injuries from snow sports such as skiing and snowboarding in 10 countries found that the number of skiers and snowboarders suffering head and spinal cord injuries rose substantially between 1990 and 2004. Experts say the increase is probably due to greater risk-taking on the slopes.

The Washington and Oregon spinal cord and head injury lawyers at D'Amore & Associates have unfortunately seen the tragic results of unnecessary risk taking. As many of us head off for winter vacations, by all means have fun, but also stay safe by avoiding unnecessary risks on the slopes.

Driving in Changing Weather Conditions

The days have become shorter, causing the majority of us to be driving to and from work in the dark.  Add some rain, fog and cold temperatures typical for this time of year in the Northwest, and it is a recipe for disaster or a serious motor vehicle accident.  However, changing weather doesn’t have to be.  Here are a few tips on keeping yourself and others safe when traveling.

• Tune in to your local news channels in the mornings.  Check out what the road conditions are.  You may need to leave a little earlier than usually. 

• Be sure you allow yourself enough time in the mornings to warm up your cars. Defrost your windows thoroughly.  Too often people rush out the door in the mornings, letting the windows defrost just enough to be able to peer through the bottom of their windshield.  This does not allow you to see what is around you, like the children that are walking to school or the bus stops or other motorists.

• Remember to always leave plenty of room between you and the vehicle in front of you.  This will allow you to be prepared if there was a sudden need to brake to avoid a collision especially in unfavorable conditions like wet or icy roads.

• Even though it may not be raining and the roads may not look wet.  A little moisture in the air and freezing temperatures can cause treacherous road conditions.

• During the cold seasons, be sure to have proper traction devices.  Whether it is studded snow tires or chains, you want to be prepared for snow advisories.  Traction devices may be required to travel on the roads.  Studded tires can be used in Oregon between November 1^st and April 1^st.  Other states may prohibit studded tires.

• Lastly, do not be in a hurry to get to where you are going.  When you are rushed, you are less likely to follow the speed limit and pay attention to what is going on around you.   

What Is Personal Injury Protection?

Personal Injury Protection or “PIP” as it is commonly referred to is insurance coverage that is mandatory for most automobile insurance policies in Oregon private passenger cars. It is a type of insurance designed to pay your medical bills and certain other expenses, including lost wages, in the event that you are injured in a car accident.

In Oregon, the minimum medical expense coverage is $15,000. Thus, injured drivers generally have $15,000 of medical coverage regardless of fault. This coverage is designed to pay your bills regardless of who is at fault in the accident. The main question in PIP coverage is whether your injuries are related to the auto accident.

Oftentimes, there is a dispute about fault in an auto accident. Injured parties seek the immediate medical attention that they need and incur medical bills. Meanwhile, it can take months, and even years to resolve who is at fault for an accident and to get the responsible party (or their insurance company) to pay the bills. During this time, the various medical providers have given service and rightfully deserve to be paid. Many people do not have enough savings on hand to cover costly medical bills. Depending on the medical provider, and the amount of time it takes to get the bills paid, an innocent motorist can have their credit rating severely damaged by the accumulation and non-payment of these medical bills. PIP was designed to pay the bills right away so that, regardless of fault, a motorist can avoid having their credit ruined and the hard working medical professionals can be timely paid.

One aspect of PIP that many people are unaware of is how very little additional premium they will pay to increase their PIP coverage. With most companies, for only a few extra dollars, the amount of PIP can be significantly increased. With the expense of medical testing such as MRIs and X-rays and the skyrocketing costs of staying in the hospital, having an additional $10,000 - $15,000 worth of PIP coverage can make a significant difference. It is always wise to speak with your insurance broker, or sales representative when buying or renewing your auto coverage. In addition, you should ask how much more you would have to pay to increase your PIP coverage.

Woman Files Lawsuit Over Steam Pipe Explosion in New York

By now, most people have heard about the steam pipe explosion in New York City on July 19, 2007, which brought back memories of 9/11 for many. It was recently reported that one woman who worked near the site of the explosion is suing Con Edison (the utility responsible for the steam pipe) for negligence, saying the utility didn't properly maintain the pipe. The woman's attorney says she suffers from post-traumatic stress disorder.

Brought to you by D’Amore & Associates, personal injury lawyers committed to protecting the rights and interests of people injured in Oregon, Washington and California.