Learn How to Handle Drug Dui Vs Alcohol Dui Prevalent and Protect Yourself

When we talk about DUIs, often there’s a picture painted of a someone having one too many drinks and getting pulled over by a cop – or worse, a deadly car wreck. And for a long time, that’s generally been the case with most DUIs being alcohol related. Now Reuters is reporting that, for the first time ever, data is pointing to drugs being more prevalent than alcohol in more than a third of fatal car accidents in 2015. Among the drivers who tested positive for drugs in their system in a crash, 36.5% were found to be using marijuana and another 9.3% on amphetamines. It’s a number that’s been quadrupling since 1999.

Drug DUIs are charged differently than alcohol DUIs, but when you’re the one affected in the accident that’s not your primary concern. However, being away of an at-fault driver’s mental state can be crucial to your case. Here’s what to do should you find yourself in an accident with a driver under the influence.

Look for Signs of Drug Use

Enduring an accident can be a flurry of stress and anxiety. It can be hard to focus on small details, but this is also a crucial time to take note of everything you can. Chief among these is observing the other driver. Watch them and check for any signs that they’re under the influence of drugs. This can be subtle physical traits like bloodshot eyes or it might manifest in erratic, flighty behavior. If anything seems odd, note it down in your report and communicate it to your lawyer.

A Drug DUI Against the Driver Helps Your Case

Many accident cases, especially if you don’t have any witness, becomes a debate on the perception from each of the drivers. You say this, but they say that. It can make it harder to prove your case. However, if you think there are signs the other driver was on some sort of drug at the time, this greatly bolsters your case and puts the responsibility squarely on them. If you’ve seen any of the aforementioned signs that they may have been under the influence at the time, it’s important to point it out right away. It’s always worth pursuing and insuring it’s the case. If the police find high THC levels (or alcohol, for that matter) in their system, you won’t have much trouble pushing your case through.

No one ever wants to end up on either side of DUI case, regardless whether it’s drugs or alcohol at play. But knowing how to protect yourself in such a situation is vital to making sure your medical bills and car damages are taken care of and you don’t end up in a worse spot for doing nothing wrong. Tragically, some DUI crashes result in fatalities—if you’ve lost a loved one to an impaired driver, our wrongful death attorneys can help your family pursue justice. Should you end up in an accident with a DUI driver, our drunk driving accident lawyers are here to help. We work extensively with personal injury and DUI cases. Give us a call today and we’ll help you build your case.

Just Had a Bicycle Accident? Here’s What to Do Next!

Bicycle accidents differ greatly from the typical car accidents. Oftentimes the injuries can be more severe and the insurance can get complicated. If you’ve been in a bike accident, these factors and others might leave you a bit confused. Knowing what to do next will allow you to focus more on recovering and less time frantically searching for answers. For tips on staying safe before an accident happens, check out our guide on how to prevent common bicycle accidents in Seattle.

Make Sure You Tell Your Side of the Story to the Police

As with any vehicle accident, you’ll want to call the police so they can come and assess the situation. Even if you don’t think you’ve been injured seriously, injuries can creep up on you later on and you’ll regret not taking the time to properly manage the situation – including getting the driver’s insurance information. The police will file a report, but sometimes in cases with a car and bike they’ll only consult the driver of the car. It’s your responsibility to make sure you get your side of the story to the cops to include in their report. For both the insurance companies and potentially a legal case down the road, you want to preserve your perspective so there’s no ambiguities and you don’t end up paying for something that wasn’t even your fault.

Take Your Own Notes and Evidence

One of the best marvels of the modern era is almost everyone having a smartphone on them that can take photos on the fly. Take your own images of the accident and the surrounding scene. Was there a “do not turn left” or a stop sign that the driver ignored? Make sure you snap that too. Document your injuries too, both big and small. These images can be brought up later on to help strengthen your case. Write down everything you remember as soon as you can after the accident as well before life continues on and your memory gets foggy. If there were any witnesses at the scene, talk with them too and get their contact information. Ideally you won’t need all of this, but having it just in case can prove to be invaluable.

Get Yourself and Your Bike Checked Out

Getting medical treatment after a bicycle accident is crucial, even if you feel okay after the fact. Concussions and other bodily injuries can take time to show up and you need to find out if you have any issues before the insurance paperwork gets filed. This will greatly adjust your claim. But beyond just getting yourself checked out, you’ll want to take your bike into the shop for an assessment as well. It’s a similar situation – the bike may seem fine, but you might notice something on a future ride that could lead to another catastrophe. If there is damage to your bike, you can push the insurance to cover a replacement as well.

Bring in Help if You Hit Insurance Snags

Insurance cases with bikes can be a hassle and the protocols aren’t as cut and dry as they are with strictly automotive accidents. That doesn’t mean you should give up and move on. Bringing in a lawyer can help make sure you get the recompense you deserve. Elsner Law Firm specializes in personal injury cases, including bicycle accidents. Give us a call today and we’ll assess your situation and help you determine the next steps to take to get this burden behind you and back on two wheel again.

Motorcycle Safety Tips to Help Prevent Accidents

Motorcycle insurance can be pricey for a reason – it’s a dangerous endeavor. While other drivers are responsible for looking out for motorcycles, motorcyclists can protect take steps to protect themselves as well. Consider some of these tips to prevent accidents the next time you plan on taking your motorcycle out for a spin.

Take Professional Training

This may sound obvious to some, but making sure you get proper training on your bike is crucial to ensuring safety for yourself and others on the road. Maybe you grew up around the bikes with family and think you know the ins and outs of your bike, however, it’s still smart to go through a professional course to cover any gaps you may have in your motorcycle education. Don’t assume you know it all. Even if the training ends up feeling redundant, you’ll have the peace of mind that you’ve taken the first step to being a safe biker.

Make Sure You’re Visible

One of the greatest risks you have riding in traffic is the chance that a car doesn’t see you coming. As much as you can, it’s important to make sure you’re visible to cars at all times. This means staying out of blind spots of other vehicles on the road, but also finding ways to make yourself even more noticeable to others. Wearing a bright-colored safety vest is a great way to make sure you’re spotted. It might not be the look you’re going for, but it’s much better than the look of getting in an accident.

Be Mindful of the Weather

Weather can be unpredictable, especially here in the Pacific Northwest. Before you take your motorcycle out of the garage, check the weather report. If you see indications that it’s going to rain or high-speed winds may be on their way, your best bet might be planning on taking that ride on your bike another day and using your car instead. If you find yourself already on the road as in-climate weather comes swooping in, make sure you’re hyper-aware of your surroundings and take things slower than usual.

Don’t Share Lanes with Another Vehicle

One of the benefits of riding a motorcycle is its size. It makes it convenient for parking, they’re great on gas, and you can make your way through traffic much easier than you could in a sedan. However, you should avoid sharing lanes with other vehicles. Even if you know your bike can fit, it can make other drivers nervous and catch them off guard – resulting in them swerving or simply just not seeing you at all.

Most of All, Be Alert

This is another “obvious” point, but it’s one that needs to be stressed. Getting on your bike and hitting the open road can feel liberating. That rush of excitement is part of what makes motorcyclists so dedicated to their rides. However, make sure you don’t get caught up in the moment. It’s a real problem with 32 percent of accidents stemming from distracted drivers. Remember, you’re vulnerable on all sides when you’re on a motorcycle. Have fun, but keep aware of your surroundings at all times.

Even by taking all these safety precautions, there’s still a chance you may find yourself in a motorcycle accident. If you do and need help making sure you’re given the legal protection you need, Elsner Law Firm can help. They focus on personal injury cases involving motorcycle accidents and pride themselves on offering legal help for motorcycle collision injuries. Reach out to us today and stay tuned for our upcoming guide to motorcycle accidents, launching on our website later this month.

If you’ve been in an accident, learn about how road rash from a motorcycle accident is treated to understand the recovery process for this common injury. Motorcycle crashes can also result in serious head injuries—if you or a loved one suffered a head injury, our traumatic brain injury lawyers can help.

Who’s Responsible for Your Injuries in a Slip and Fall?

Slip and fall accidents can be hard to determine who the responsible party is. Most courts will often place at least partial responsibility on the injured party – but you’re not always at fault. We’ll look at a few different types of slip and fall accidents and explain who might be liable in each case.

There are several factors at play in determining where the liability is shifted to in each case. Preventative measures, “reasonableness”, and several other things will factor into determining if no, partial or full liability is on the property owner. Before we take a look at the liability side of cases like these, let’s identify what exactly constitutes a slip and fall case and give some examples.

What is a “Slip and Fall Case?”

A slip and fall case arises where someone raises a claim after being injured due to an obstruction, slippery surfaces, or other circumstance that arises out of the fault of the property owner. This fault is usually due to negligence, and the cases can vary widely based on severity of the injury and the nature of the negligence that caused it. Slip and fall cases are a common type of premises liability claim.

Types of Slip and Fall Cases

Wet Walkways

Several slip and fall cases arise out of a wet floor in a facility, generally due to the janitorial staff’s insufficient signage after mopping, a leaky roof, failure to clean or label a spill, and similar circumstances. These types of slip and fall cases commonly occur both indoors and outdoors.

Ice and Snow

These cases are similar to wet walkway cases, but occur outdoors on sidewalks, in parking lots or in any area where the property owner has an obligation to eliminate ice and snow to a reasonable degree. Negligence can often be cut-and-dry in these cases, but comparative negligence (negligence of the pedestrian) is always a factor to take into consideration when predicting the outcome of a case.

Damaged Floor Coverings (Rugs, Carpets, etc.)

Rugs and carpets, when damaged or not properly placed, can be a common source of slip and fall cases. Customers in businesses can trip, passersby in shopping malls can stumble over a curled carpet corner and easily get an injury. Fault can be extremely difficult to prove in these cases, and experts are often consulted to determine owner’s negligence, the pedestrian’s negligence, or a combination of both.

Road Hazards and Potholes

Cracks in streets, potholes and other unsafe conditions on roads can lead to slip and fall accidents. These types of properties are generally owned and operated by the cities, towns or villages they reside in, putting the obligation on them to properly sign, place a blockade around or simply fix the hazardous condition.

Damaged Sidewalks

Damaged sidewalks present similar conditions to road hazards and potholes, but fault may shift, at least partially, to a private property owner, rather than a city or town.

Proving Fault

As in any lawsuit, fault must be proven to reach a verdict (assuming a settlement isn’t reached first). With slip and fall cases, the pedestrian will often shoulder at least some of the blame, but there is quite a bit of variability based on the nature of the circumstances that led to the fall, comparative negligence and several other factors. Let’s take a look at a few examples of situations where various parties might be at fault and what exactly constitutes “fault” in these cases:

Instances Where Pedestrian is at Fault

Comparative negligence is a very large factor in any slip and fall case – naturally, property owners don’t want to have to pay for medical bills and lost wages. There are several circumstances in which comparative negligence will absolve the defendant of liability, these may include:

• An obstruction that is reasonably there (a rocking horse in a toy store or a low branch in a forest)
• Inattentiveness by the pedestrian (texting while walking, talking on the phone, etc.)
• Engaging in inappropriate activities immediately prior to the fall (purposefully sliding on ice, etc.)

For example, if there was ice on the sidewalk for a few hours in front of a business, and John Doe got a running start to slide across this ice, slipped and broke his tibia, was witnessed doing this by everyone inside the business, he is not very likely to get lost wages or medical expenses paid in his slip and fall case.

Instances Where Owner is at Fault

In slip and fall cases, liability is often at least partially on the property owner (except in the above example). However, the fault of the property owner must be proven according to a few guidelines before liability can officially be places. Generally, you will have to prove at least one of these things when submitting a slip and fall claim:

• The owner was aware of dangerous conditions and had sufficient time to remedy them
• The owner should have known about the conditions; but, due to neglect, did not.
• The owner or someone representing the owner caused the conditions and failed to remedy them.

One of these must be proven within the realm of “reasonableness.” As in, a “reasonable” person would have known about the conditions or remedied the conditions, given sufficient time.

As another example, let’s say that a business owner has ice on their sidewalk for several days and John Doe, walking along attentively, slips and falls, breaking his other tibia (poor guy). If it can be proven that A) the business owner had reasonable time to address the ice but didn’t and B) John Doe was walking along doing nothing to raise the eyebrow of comparative negligence, he would very likely win his slip and fall case.

Instances Where Fault is Shifted to Third Party

Sometimes, the fault in a slip and fall case is put on the shoulders of a third party. Cleaning companies and landscape companies can often be called on in cases where the dangerous conditions on the property owner’s property were caused by services rendered by a third party company.

Misplaced carpets, slippery floors without signs, dangerous conditions created by neglectful landscaping, etc. – these are all situations in which a third party could shoulder a good part, if not all of the liability in the case, unless this company has a contract with the property owner that absolves them of liability.

For our final example, if John Doe was walking in the bank and tripped over a carpet that was removed and replaced carelessly by a third-party cleaning company, injuring himself, the cleaning company could be partially at fault.

Conclusion

Slip and fall accidents can be complicated, and it can be difficult placing 100% of the fault on any single party; however, there are several circumstances that put at least partial blame (if not total) on property owners and third party contractors. Have you experienced a slip and fall accident? We can help. Call us today for more information.

Steps to Take After a Pedestrian Accident for Justice

It’s a beautiful day, and you decide to take a leisurely walk. As you approach a crosswalk, you wait for the “WALK” signal and begin to cross the street. Suddenly, a car comes speeding down the road and strikes you. Every year, tens of thousands of people are hit by vehicles resulting in over 5,000 deaths.

Whether the scenario as described earlier happens to you or another variation, it is essential to know what to do when you are hit by a car as well as your legal rights.

Make important phone calls

Immediately following a pedestrian accident and once you are safely off the street, three important phone calls need to take place. If you are injured and require immediate medical assistance, call for an ambulance and then the police. For injuries less severe, you should call the police first so they can assist with the situation.

While you are waiting for the police, begin to collect any witness names and contact information especially if they are unable to remain at the scene. The final call you need to make is to your insurance company and notify them of the accident.

Document the events

It is crucial to document what happened at the accident. Take photos of the vehicle that struck you (make sure to get the license plate number), your surroundings and any injuries. If the car does not stop, try to take note of the license plate number to give to the police.

You should also start documenting any expenses related to the accident; this can include medical, missed pay from work and any damages to your personal property (cell phones, etc.)

Making a claim

After taking care of any injuries and seeking medical attention, you should call a lawyer that specializes in personal injuries. A lawyer will help you navigate what to do next, compose a letter to your insurance company as well as help you file a claim.

Depending on the circumstances of your accident, you may be making a claim against the driver, the city, or possibly both. Drivers are expected to remain alert and conscious of their surroundings. So whether you were in a crosswalk or not, they are likely to have some – if not all – liability for the accident. If the cause of the crash was due to a broken stoplight, poor road maintenance or some other negligent factor, the city or town where the accident took place, may be held legally responsible.

In some cases, it will be a combination of the two that are legally responsible for the accident. A personal injuries lawyer focusing on these cases will help you determine which is the appropriate claim to file. In addition to helping with claims, they will also answer any questions you may have about the legal process.

To ensure you are not missing out on compensation due to an accident, contact Elsner Law Firm today. We understand the stress and uncertainty that can follow when you are hit by a car, and we are here to help make the process as simple as possible for you.

Introduction to Road Rash

Road rash is one of the most common injuries sustained in motorcycle accidents. When a rider is thrown from their bike and skids across a rough surface like asphalt or concrete, the friction between the skin and the road causes painful abrasions known as friction burns. These injuries can range from minor scrapes to deep wounds that expose underlying tissue and require immediate medical attention. The severity of road rash depends on factors such as the speed of the motorcycle crash, the type of protective gear worn, and the length of contact with the pavement. Recognizing the symptoms and understanding the risks associated with road rash is crucial for anyone involved in a motorcycle accident, as prompt and proper medical attention can make a significant difference in the healing process and help prevent serious complications. To reduce your risk of road rash and other injuries, review our motorcycle safety tips.

Degrees of Road Rash

Road rash injuries are classified by their depth and severity, much like burns. Understanding the different degrees of road rash can help you determine the best course of action for treatment and recovery:

• First Degree Road Rash: This is the mildest form, involving only the outermost layer of skin. Symptoms include redness, minor swelling, and superficial abrasions. While first degree road rash is usually painful, it typically heals within a couple of weeks with basic wound care and rarely leaves permanent scarring.
• Second Degree Road Rash: This type of injury penetrates deeper, affecting both the outer and underlying layers of skin. Second degree road rash may cause bleeding, blistering, and more intense pain. The risk of infection increases, and careful treatment is needed to prevent complications. Scarring is possible, especially if the wound is not kept clean and moist during the healing process.
• Third Degree Road Rash: The most severe form, third degree road rash, involves extensive damage to all layers of the skin and may expose fat, muscle, or even bone. These deep wounds often require emergency medical care, as they carry a high risk of infection, nerve damage, and permanent scarring. In some cases, skin grafts or skin grafting surgery may be necessary to repair the damaged area. Traumatic tattoos—where debris remains embedded in the skin—can also occur, leading to long-term discoloration or the need for further medical treatment.

No matter the degree, all road rash injuries should be monitored closely. Severe road rash or deeper wounds always warrant immediate medical attention to ensure proper healing and to prevent serious complications.

Injured in a Motorcycle Accident? Follow These Critical Steps

While road rash can happen from many activities, such as falling while skateboarding or biking, the most severe road rash injuries are caused by motorcycle accidents. For this reason, motorcyclists are encouraged to wear thick leather riding gear to protect their skin against contact with the pavement. However, even when wearing proper clothing, sustaining road rash is still a possibility during a crash. If you’ve suffered road rash, treating your wounds properly is essential to avoid further complications.

Road rash is an abrasion wound caused by a rough surface, such as the pavement, rubbing across your skin and causing damage. It is similar to chafing or a rug burn but much more severe. In motorcycle accidents, it often affects the extremities as the rider attempts to catch themselves as they are thrown from their bike. Road rash often results in an open wound that requires careful cleaning and protection to prevent infection. Road rash can cover large areas of the body in painful lacerations; when rash covers a significant portion of the body, medical evaluation is especially important. If the abrasion removes many layers of skin, the wounds can become very deep, resulting in infection or extensive scarring if not treated properly. To promote healing and reduce infection risk, be sure to change dressings regularly.

What Steps Can You Take to Heal From Road Rash Injuries After an Accident?

You should always seek an evaluation from a medical professional after a motorcycle accident, even if your injuries appear minor. The doctor will likely clean and bandage your road rash and provide care instructions. Be sure to follow all your doctor’s advice and take any prescribed medication to ensure that you heal correctly. Serious injuries, severe cases, or wounds with broken bones require prompt medical attention.

While treating your road rash at home, you can take these steps to help speed your recovery:

• Wash your hands before touching the damaged area.
• Gently clean the wound with antibacterial soap to reduce infection risk and remove debris. If debris is not fully removed, there is a risk of traumatic tattoo, which may require dermatological treatment after healing.
• Use an antibiotic ointment to prevent infection and keep the skin moist to promote wound healing.
• Bandage the area to protect it and keep it clear of debris. Secure the dressing with medical tape, making sure the tape does not stick to the wound and provides adequate support.
• Change the bandage frequently (at least once a day). If the dressing is stuck, a gentle saltwater solution can loosen it without causing more damage.
• If the wound becomes tight or itchy as it heals, moisturizer can be used to relieve the discomfort. Healed skin is often pink and sensitive, so moisturizing helps with itching and dryness.
• Use OTC pain medication when needed.

Healing time varies depending on the severity of the injury. Superficial wounds typically heal in about two weeks, while deeper road rash may involve more tissue and require a longer recovery. Wounds with dead tissue may need medical intervention, and large or deep wounds may require a skin graft. Proper hygiene reduces infection risk, and poor nutrition can delay wound healing, so a balanced diet rich in protein, vitamins, and minerals is recommended.

During wound healing, blood cells form clots to stop bleeding, and blood vessels supply nutrients and oxygen to support tissue repair. As the wound heals, new blood vessels form to aid regeneration.

If you notice signs of infection, if healing does not progress, or if you have any concerns, seek medical attention promptly.

Managing Pain and Discomfort

Dealing with the pain and discomfort of a road rash injury can be challenging, especially in the days following a motorcycle accident. To manage pain effectively, start by keeping the wound clean and covered, as this helps reduce irritation and promotes the healing process. Over the counter medications, such as acetaminophen or ibuprofen, can help manage pain and reduce inflammation. Applying a thin layer of antibiotic ointment not only helps prevent infection but also keeps the wound moist, which can ease discomfort as the wound heals.

If the road rash wound becomes extremely painful, or if pain persists despite using OTC medications, it’s important to seek medical care. A healthcare provider may recommend stronger pain relief options or prescribe medication if necessary. Additionally, keeping the affected area elevated and avoiding unnecessary movement can help minimize swelling and discomfort. Remember, proper wound care and pain management are essential for a smoother recovery and to support the full healing process.

When Should You See a Doctor?

After your initial medical evaluation, it is crucial to monitor the healing process of your road rash carefully. If you notice any indications of infection, such as persistent or worsening redness or warmth surrounding the affected area, discharge of pus, escalating pain, or the onset of a fever, it is essential to seek immediate medical attention. Infected road rash can lead to serious complications and requires prompt medical evaluation to prevent further health risks. Certain medical conditions, including diabetes, can hinder the body’s ability to recover from a skin injury, potentially necessitating further medical intervention to ensure optimal healing. Moreover, if your wound fails to show signs of improvement within two to three weeks, it is advisable to schedule a follow-up appointment with your doctor to reassess your treatment plan.

In situations where the motorcycle accident resulted from someone else’s negligence, it may be beneficial to consult a lawyer helping motorcycle accident victims. An experienced attorney can provide guidance and legal representation, assisting you in navigating the complexities of insurance claims, negotiating settlements, and pursuing compensation for your injuries. If you believe that your accident involved factors beyond your control, contacting a motorcycle accident lawyer can help protect your rights and ensure you receive the support you deserve during the recovery process.

Role of a Motorcycle Accident Lawyer

After a motorcycle crash, dealing with the aftermath of road rash injuries can be overwhelming—especially when facing medical bills, lost wages, and the stress of recovery. This is where a motorcycle accident lawyer can make a significant difference. An experienced attorney can help you navigate the complexities of insurance claims, gather evidence to support your case, and pursue compensation for your medical expenses, lost income, and other damages resulting from the accident.

Many motorcycle accident lawyers offer a free consultation to discuss your situation and explain your legal options. If your injuries were caused by someone else’s negligence, having legal representation can help ensure your rights are protected and that you receive the financial support you need for medical treatment and recovery. Don’t hesitate to reach out for legal guidance if you’re struggling with the consequences of a motorcycle accident.

Additional Resources and Support

Recovering from a motorcycle road rash injury can be a long and sometimes isolating process, but you don’t have to go through it alone. There are numerous resources available to help you on your journey to recovery. Support groups for motorcycle accident survivors can provide emotional encouragement and practical advice from others who have faced similar challenges. Medical professionals, such as wound care specialists and physical therapists, can offer guidance on the best ways to treat road rash and promote healing.

For more information on road rash injuries, wound care, and legal support, consider reaching out to local hospitals, rehabilitation centers, or organizations dedicated to motorcycle safety. Many law firms also provide educational materials and free consultations to help accident victims understand their rights and options. Remember, seeking support—whether medical, legal, or emotional—can make a significant difference in your recovery and overall well-being.