Tuesday, February 17, 2009
Today a large semi-truck rear-ended a shuttle van that was carrying several disabled passengers. The accident happened on Highway 512 in the Lakewood area of Pierce County.
Some of the passengers in the shuttle van were transported to a nearby hospital for possible neck and back injuries. A spokesman for the Washington State Patrol said the injuries were minor. Yet I’ve heard that before from police officers in other accidents and it turned out to be false. The WSP spokesman should have said the injuries were not life-threatening.
The driver of the semi-truck rig was cited for speeding too fast for conditions. This is a common citation in rear-end accident cases. But did you know that the fact that a driver has been cited by a police officer is inadmissible to a subsequent civil proceeding to determine liability for the accident? Yes, it’s true. A Washington state statute states that a police traffic report is inadmissible in a later civil trial. Washington case law also states that the fact someone has been cited cannot be used in a later civil trial either. Most people are surprised to learn these facts, which are actually very well-known legal principles in personal injury law litigation.
Neck and back injuries are by far the most common type of personal injury cases involving auto accidents. Common diagnoses include neck or back strain/sprain injuries, facet joint injuries, ligament and muscle tears, and herniated disc injuries. Even what appears to be a minor neck or back injury at first blush can actually turn out to be a costly, debilitating and chronic condition.
I’ve had clients who mistakenly avoid getting medical attention for several days and their condition turns worse. Then the insurance company will either deny or reject the claim and argue that the person did not seek immediate treatment, hence no serious injury occurred. This happens more often than you may think. And that’s why I wrote my book, “The Ten Biggest Mistakes That Can Wreck Your Washington Accident Case.” Go to www.WashingtonAccidentBook.com to learn more.
