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What Can I Do if I Witness an Unsafe Truck Driver?

Truck drivers play a crucial role in our economy by transporting goods across the country. However, when truck drivers or trucking companies fail to prioritize safety, it can lead to devastating accidents and injuries. If you have encountered an unsafe truck driver or suspect a trucking company is engaging in negligent practices, it is important to report them.

What Are Some Relevant Laws in Washington State?

When it comes to reporting an unsafe truck driver or trucking company, several laws come into play. One of the most important federal regulations is the Federal Motor Carrier Safety Regulations (FMCSRs). These regulations establish safety standards for commercial motor vehicles, including trucks, and cover areas such as driver qualifications, hours of service, vehicle maintenance, and more.

However, the state of Washington also has specific rules and regulations:

1. Washington Administrative Code (WAC) 480-15: This section of the Washington Administrative Code governs rules for motor carriers, including trucking companies, and covers aspects such as driver qualifications, operations, insurance requirements, safety fitness standards, and equipment and vehicle safety standards.
2.  Revised Code of Washington (RCW) Title 46: This title covers all of the motor vehicle laws in the state of Washington, including specific sections on commercial motor vehicles and their drivers. The rules cover areas like vehicle size and weight limits, vehicle inspection requirements, traffic regulations, driver licensing, and more.

Understanding these laws will provide a clearer picture of the specific regulations that truck drivers and trucking companies in Washington state must follow and can be beneficial when reporting any safety concerns.

How Do I Report an Unsafe Truck Driver?

If you witness or suspect an unsafe truck driver or trucking company, there are several steps you can take to report the issue:

1. Gather information: Collect as much information as possible about the truck, including its license plate number, company name, and any identifying features. If you can safely do so, take photographs or videos of the truck or its actions.

2. Contact the appropriate authorities: Report the incident to the local police department or state highway patrol. Provide them with all the details you have gathered, including the truck’s information and your observations. They will investigate the matter and take appropriate action.

3. File a complaint with the relevant agencies: In addition to reporting the incident to the police, you should also file a complaint with the appropriate agencies. These agencies have the authority to investigate and take enforcement actions against unsafe truck drivers or trucking companies. For state-specific issues, the Washington State Department of Transportation (WSDOT) is the governing body. They provide an online form to report highway maintenance issues, which might cover concerns about a specific truck or trucking company, particularly if it relates to the use of state roads or highways. The Washington State Utilities and Transportation Commission (UTC) regulates the rates and services of privately owned utility and transportation companies. If your complaint is related to the services provided by the trucking company, you can file a complaint with the UTC.

4. Consult with an experienced lawyer: If you or someone you know has been injured as a result of an unsafe truck driver or trucking company, it is crucial to seek legal advice. An experienced lawyer can guide you through the legal process, help you understand your rights, and ensure you receive fair compensation for your injuries and damages.

How Big of a Settlement Could I Win If I am Injured by a Commercial Truck?

The potential settlement amount in a case involving an unsafe truck driver or trucking company can vary greatly depending on several factors. These factors may include the severity of the injuries, the extent of property damage, the level of negligence demonstrated by the truck driver or company, and the applicable state laws.

In Washington state, the law allows injured parties to seek compensation for various damages resulting from the accident. These damages may include:

1. Medical Expenses: This includes immediate medical costs like emergency room visits, surgeries, and hospital stays, as well as future costs for ongoing treatment or rehabilitation.
2. Lost Wages: If you are unable to work because of your injuries, you may be entitled to compensation for your lost income.
3. Pain and Suffering: These damages are for the physical pain and emotional distress you’ve suffered as a result of the accident.
4. Loss of Consortium: If the accident has negatively affected your relationship with your spouse, you may be able to receive compensation for loss of consortium.
5. Property Damage: This refers to the cost of repairing or replacing your vehicle and any other damaged property.
6. Punitive Damages: In some cases, if the truck driver or trucking company’s behavior was particularly egregious, the court might award punitive damages to punish the wrongdoer and deter others from similar conduct.

However, each case is unique, and the outcome will depend on the specific circumstances surrounding the incident. Washington state follows a pure comparative negligence rule, meaning that if you are found to be partially at fault for the accident, your compensation will be reduced by the percentage of your fault.

To get an accurate estimate of a potential settlement, consult with a personal injury lawyer who specializes in commercial truck accidents. They can evaluate your case, guide you through the legal process, and advocate for the maximum compensation on your behalf.

If you have been injured by a truck driver, contact Elsner Law Firm at 206-447-1425 for a free case evaluation.

Ridesharing services like Uber and Lyft have revolutionized the way we travel. With just a few taps on our smartphones, we can summon a ride to take us anywhere we need to go. But what happens if you’re injured while riding in an Uber? Who is responsible for your injuries?

What Are the Laws Related to Uber’s Liability?

The laws that govern liability for injuries sustained in an Uber accident vary from state to state. In general, however, there are a few key legal concepts that apply in most cases.

Uber initially considered its drivers as independent contractors, arguing that it merely connected riders with drivers and should not bear responsibility for any accidents.

However, after several incidents involving Uber drivers, Nevada law mandated rideshare drivers be classified as employees, and Uber was required to provide insurance for all its drivers.

Different insurance rules apply to the three periods of an Uber driver’s operation. When the driver is offline (Period 1), their personal insurance applies. If they’re logged into the app but without a passenger (Period 2), Uber’s contingent insurance kicks in. When carrying a passenger (Period 3), a $1,000,000 Uber policy covers any accidents. This policy behaves like uninsured/underinsured coverage, taking care of injuries beyond what the at-fault driver’s insurance can handle. This coverage also comes into effect when a hit-and-run incident occurs.

For example, suppose an Uber driver, with a passenger, gets into an accident caused by another driver who doesn’t have adequate insurance coverage. In such a case, Uber’s uninsured/underinsured motorist coverage can provide compensation for medical expenses, lost wages, and other damages beyond what the at-fault driver’s insurance can cover, up to the policy limit of $1 million.

How Does the Legal Process Work?

Victims are eligible to file a personal injury lawsuit seeking compensation for their injuries, which involves filing an insurance claim against Uber and any other parties involved, depending on the accident’s specifics. Factors like the severity of injuries and their impact on the victim’s life significantly influence the worth of a personal injury claim.

If you’re injured while riding in an Uber, the first step is to seek medical attention for your injuries. Once you’ve received medical treatment, you should contact an experienced personal injury lawyer who can help you navigate the legal process.

Your lawyer will investigate the circumstances of the accident and determine who may be liable for your injuries. This may include the Uber driver, another driver on the road, or even Uber itself.

Your lawyer will also work with insurance companies to negotiate a settlement on your behalf. If a settlement cannot be reached, your lawyer may file a lawsuit to recover damages for your injuries.

How Much Compensation Will I Receive?

The amount of damages you may be able to recover in an Uber accident lawsuit depends on a variety of factors, including the severity of your injuries, the cost of your medical treatment, and the impact of your injuries on your daily life.

In general, you may be able to recover damages for:

• Medical expenses, including hospital bills, doctor’s visits, and medication
• Lost wages, if your injuries prevent you from working
• Pain and suffering, including physical pain and emotional distress
• Property damage, if your personal property was damaged in the accident

By seeking compensation with a rideshare collision attorney you can determine the potential value of your case and work to negotiate an amount that fairly compensates you for your injuries.

What Are Some Related Legal Concerns?

In addition to liability for passenger injuries, there are other legal concerns related to Uber and other ridesharing services. For example:

• Liability for accidents involving pedestrians or other drivers on the road
• Liability for accidents caused by Uber drivers who are under the influence of drugs or alcohol
• Liability for accidents caused by Uber drivers who are distracted by their smartphones or other devices

If you’ve been injured in an accident involving Uber or another ridesharing service, it’s important to work with an experienced personal injury lawyer who can help you navigate these complex legal issues.

How Can an Experienced Lawyer Help?

If you’ve been injured while riding in an Uber, an experienced personal injury lawyer can help you in a number of ways. Your lawyer can:

• Investigate the circumstances of the accident to determine who may be liable for your injuries
• Work with insurance companies to negotiate a fair settlement on your behalf
• File a lawsuit to recover damages if a settlement cannot be reached
• Represent you in court and advocate for your rights throughout the legal process

In addition, your lawyer can provide you with guidance and support as you navigate the physical, emotional, and financial challenges of recovering from your injuries.

If you’ve been injured in an Uber accident, contact Elsner Law Firm at 206-447-1425 for a free case evaluation. With the right legal representation, you can protect your rights and recover the compensation you deserve.

Trucking companies have been using technology to monitor their drivers for years. One of the most controversial forms of technology is the driver-facing camera. These cameras are installed in the cab of the truck and record the driver’s actions while they are on the road. The purpose of these cameras is to improve safety and reduce accidents. However, they have also raised legal concerns about privacy and driver rights.

What Are Driver-Facing Cameras?

Driver-facing cameras are small cameras that are installed in the cab of a truck. They are typically mounted on the dashboard or the windshield and are pointed at the driver.

These cameras record the driver’s actions while they are on the road, including their facial expressions, eye movements, and any distractions they may be engaging in. The footage may then be analyzed by the trucking company to identify any unsafe driving behaviors or violations of company policies.

Why Do Trucking Companies Use Driver-Facing Cameras?

Trucking companies use driver-facing cameras for a variety of reasons. The primary reason is to improve safety on the road. By monitoring their drivers, trucking companies can identify unsafe driving behaviors and take corrective action before an accident occurs. Driver-facing cameras can also help to reduce the number of accidents caused by distracted driving, which is a major problem in the trucking industry.

In addition to improving safety, driver-facing cameras can also help trucking companies reduce their liability in the event of an accident. If an accident occurs, the footage from the camera can be used to determine who was at fault and to defend against any claims of negligence or wrongdoing.

What Are Some Concerns About Driver-Facing Cameras?

Despite the potential benefits of driver-facing cameras, there are also concerns about their use. One of the biggest concerns is privacy. Drivers may feel that their privacy is being violated by the constant monitoring of their actions. They may also worry that the footage could be used against them in some way, such as to discipline them or terminate their employment.

Another concern is the potential for the cameras to be used to unfairly target certain drivers. For example, if a trucking company has a policy against cell phone use while driving, they may use the cameras to specifically monitor drivers who have been caught using their phones in the past. This could lead to discrimination or unfair treatment of certain drivers.

What Are Some Relevant Laws?

The use of driver-facing cameras is regulated by both federal and state laws. The Federal Motor Carrier Safety Administration (FMCSA) has issued guidelines for the use of driver-facing cameras in commercial vehicles. These guidelines require that trucking companies obtain the consent of their drivers before installing the cameras. They also require that the cameras be used for safety purposes only and that the footage be kept confidential.

In addition to federal guidelines, some states have their own laws regarding the use of driver-facing cameras. For example, in California, trucking companies are required to provide drivers with a copy of any footage that is used to discipline them. They are also required to notify drivers in writing before installing the cameras.

How Can Camera Footage Affect A Lawsuit?

The footage from driver-facing cameras can have a significant impact on a lawsuit following a trucking accident. The primary use of driver-facing camera footage in a lawsuit is to help determine liability. This footage can provide valuable evidence of the driver’s actions in the moments leading up to an accident. For instance, if the driver was distracted, fatigued, or not adhering to safety protocols, it can be clearly documented on the footage. This can help the trucking company defend itself against negligence claims or, conversely, can support a plaintiff’s claim that the driver or company was at fault.

In cases where compliance with trucking regulations is a key issue, driver-facing camera footage can serve as evidence. For example, if there is a question about whether the driver was complying with Hours of Service (HOS) regulations, footage showing the driver appearing fatigued or falling asleep at the wheel could support a claim of non-compliance.

How Can an Experienced Lawyer Help?

If you have been involved in an accident with a trucking company that uses driver-facing cameras, contact Elsner Law Firm at 206-447-1425 for a free case evaluation. An experienced lawyer can help you to build a strong case and to negotiate a fair settlement with the trucking company’s insurance company. They can work with accident reconstruction experts and medical professionals to gather evidence and to demonstrate the extent of your damages.

In addition, a lawyer can help to protect your privacy and to ensure that your rights are respected throughout the legal process. They can advise you on the best course of action and help you to make informed decisions about your case.

Car accidents are a common occurrence on the roads, and rear-end collisions are among the most frequent types of automobile accidents that result in personal injury. In a rear-end collision, the car that is hit from behind is often left with significant damage. One of the questions that arise after such an accident is whether the car is considered totaled. In this blog post, we will explore this legal topic and provide answers to some of the frequently asked questions.

What is a Totaled Car?

A totaled car is a vehicle that has been damaged to the extent that the cost of repairing it exceeds its value. In other words, if the cost of repairing the car is more than what the car is worth, then the car is considered totaled.

When a car is totaled, the insurance company will typically pay the owner the actual cash value of the car, which is the fair market value of the vehicle immediately prior to the loss.

What is a Settlement?

A settlement is an agreement between the parties involved in a legal dispute to resolve the matter without going to trial. In the context of a car accident, a settlement is an agreement between the injured party and the insurance company to compensate the injured party for their losses. The settlement amount is typically based on the extent of the injuries, the cost of medical treatment, and the value of the damaged property.

How Does the Settlement Process Work?

After a car accident, the first step is to report the accident to the police and your insurance company or the insurance company of the vehicle that hit you. If you do not have collision coverage, then you will have no choice but to go with the at-fault party’s insurance. The insurance company will then send an adjuster to assess the damage to your car and determine whether it is totaled. If the car is deemed totaled, the insurance company will offer you a settlement amount based on the actual cash value of the car.

If you accept the settlement offer, you will sign a release form that waives your right to pursue any further legal action against the insurance company. If you do not accept the settlement offer, you may choose to negotiate with the insurance company or file a lawsuit to seek compensation for your losses.

What Are Some Relevant Laws for Washington State?

In Washington State, the law requires insurance companies to pay the actual cash value of a totaled car. However, the law does not define what constitutes a totaled car. Instead, the determination of whether a car is totaled is left to the discretion of the insurance company.

In the case of Kuehn v. State Farm Mutual Automobile Insurance Co., the Washington State Supreme Court held that an insurance company must pay the actual cash value of a totaled car, even if the car could be repaired for less than the value of the car. The court also held that the insurance company must consider the cost of repairing the car when determining the actual cash value.

What Are the Value Amounts that Determine if a Car is Totaled?

Let’s consider two examples to illustrate how the process works.

John’s car is rear-ended by another car, and the damage to his car is estimated to be $10,000. The insurance company determines that the actual cash value of John’s car before the accident was $8,000. Since the cost of repairing the car exceeds its value, the insurance company deems the car totaled and offers John a settlement of $8,000.

Sarah’s car is rear-ended by another car, and the damage to her car is estimated to be $1,000. The insurance company determines that the actual cash value of Sarah’s car before the accident was $7,000. Since the cost of repairing the car is less than its value, the insurance company deems the car repairable and offers Sarah a settlement of $1,000 to cover the cost of repairs.

Note: the insurance company will use the VIN number to determine the accessories that are on the vehicle. If you installed after-market parts such as special wheels, a tow package, etc. and you have receipts for those items, the insurance company may adjust the value of the vehicle. Unfortunately, however, things like new brakes aren’t generally considered in the valuation because they are considered to be maintenance items.

Do I Need a Lawyer?

If you are involved in a rear-end collision and your car is deemed totaled, a lawyer can help you navigate the process of negotiating a settlement with the insurance company. An experienced personal injury lawyer can also help you determine whether the settlement offer is fair and reasonable based on the actual cash value of your car.

If you choose to file a lawsuit, a skilled lawyer can help you gather evidence to support your case and represent you in court. A lawyer can also help you understand your legal rights and options and provide guidance on the best course of action to take. If you are involved in a rear-end collision, contact Elsner Law Firm at 206-447-1425 for a free case evaluation.

What Happens if My Lyft Driver Crashes?

If you are a passenger in a Lyft vehicle and the driver gets into an accident, the first priority is to ensure the safety of all passengers and other people involved in the accident. Here’s what to expect in the aftermath of a Lyft accident:

• Safety: If you or anyone else in the vehicle is injured, seek medical attention immediately. If you are able, move to a safe location away from the accident scene.
• Contact the police: Call the police to report the accident and wait for them to arrive. The police will create an accident report, which is an important document you will need later when filing a claim with Lyft or with your own insurance company.
• Contact Lyft: Once you are safe and have received any necessary medical attention, report the accident to Lyft. You can do this through the Lyft app or website.
• Exchange information: Exchange insurance and contact information with the other driver(s) involved in the accident.
• Document the accident: Take photos of the accident scene, including any damage to the vehicles and any injuries sustained. Write down the names and contact information of any witnesses.
• Seek legal help: If you have been injured in a Lyft accident, it is important to seek legal help. An experienced personal injury attorney can help you navigate the legal process and ensure that you receive fair compensation for your injuries.

Once you report the accident to Lyft, their insurance company will begin an investigation to determine fault and assess damages. Lyft provides insurance coverage for its drivers and passengers, but the amount of coverage depends on the circumstances of the accident. If the Lyft driver is found to be at fault, Lyft’s insurance policy will cover any damages up to the limits of its coverage.

What Steps Should I Take After a Lyft Accident?

If you’ve been involved in a Lyft accident, there are several steps you should take immediately. First, make sure you and anyone else involved in the accident are safe and seek medical attention if necessary. Then, call the police to report the accident and obtain a copy of the police report.

Take photos of the accident scene, including any damage to vehicles and injuries sustained. Finally, report the accident to Lyft using the app or website.

Do I Need a Lawyer to Sue Lyft for an Accident?

Ridesharing services like Lyft have become increasingly popular over the past few years, providing a convenient and affordable way for people to get around. However, accidents can and do happen, leaving passengers wondering whether they can sue Lyft for damages.

While it’s possible to sue Lyft for damages on your own, it’s generally advisable to hire a lawyer who specializes in personal injury law. An experienced attorney can help you navigate the legal process, gather evidence, and negotiate with Lyft’s insurance company to ensure that you receive fair compensation for your injuries.

How Does Lyft Determine Fault in an Accident?

Lyft will conduct an investigation to determine fault in an accident involving one of its drivers. This investigation will take into account the police report, witness statements, and any other evidence that is available.

If the Lyft driver is found to be at fault, Lyft will cover any damages up to the limits of its insurance policy. It can be helpful to hire an experienced personal injury lawyer to represent you in this process.

What Damages Can I Recover in a Lyft Accident Lawsuit?

If you decide to sue Lyft for damages resulting from a Lyft accident, you may be able to recover a variety of damages, including medical expenses, lost wages, property damage, and pain and suffering. The amount of damages you can recover will depend on the circumstances of the accident and the extent of your injuries.

What Can I Expect During a Lyft Accident Lawsuit?

If you decide to sue Lyft for damages, you can expect the legal process to take some time. Your lawyer will file a complaint with the court, and Lyft will have an opportunity to respond.

The case will proceed through discovery, where each side gathers evidence, and then potentially to mediation or settlement negotiations. If a settlement cannot be reached, the case may go to trial.

How Do I Protect Myself While Riding with Lyft?

While Lyft provides insurance coverage for its drivers and passengers, it’s always a good idea to protect yourself in case of an accident. Make sure you always wear your seatbelt when riding in a Lyft vehicle, and don’t be afraid to speak up if you feel uncomfortable or unsafe. You can also purchase personal injury protection (PIP) insurance, which can provide additional coverage for medical expenses and lost wages in case of an accident.

If you have been injured in a Lyft accident, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Contacting a personal injury attorney can help you understand your legal rights and options for pursuing a claim against Lyft or the Lyft driver’s insurance company. Call Elsner Law Firm at 206-447-1425 for a free case evaluation.

What Should I Do After A Rear-End Collision?

Car accidents can be a stressful and confusing experience, especially when you are involved in a rear-end collision. Rear-end collisions are one of the most common types of car accidents and can result in a range of injuries, from minor to serious. If you have been involved in a rear-end collision, it is important to know what to look for and what steps you can take to protect yourself.

One of the most important things to look for after a rear-end collision is physical injuries. Rear-end collisions can result in a range of injuries, from whiplash and neck pain to more serious injuries like head trauma or broken bones. If you are experiencing any physical pain or discomfort, it is important to seek medical attention immediately.

Another important thing to look for after a rear-end collision is damage to your vehicle. Rear-end collisions can result in damage to the front or rear of your vehicle, including dented or crumpled fenders, broken tail lights, or damaged bumpers. Take pictures of the damage to your vehicle to document it for your insurance claim or potential lawsuit.

It is also important to get the driver’s information of the vehicle that hit you, including their name, address, and insurance information. If there were any witnesses to the accident, be sure to get their contact information as well.

Documenting evidence after a rear-end collision is crucial in order to make a strong case for personal injury or property damage compensation. The following are some of the best ways to document evidence:

• Take photos: Take photos of the damage to both your vehicle and the other party’s vehicle. If there are any skid marks, take photos of those as well.
• Obtain witness information: If there were any witnesses to the accident, obtain their names and contact information. This information can be valuable in supporting your claim.
• Collect insurance information: Get the other driver’s insurance information, including their name, policy number, and insurance company.
• Call the police: Even if the accident seems minor, it’s a good idea to call the police. They will provide you with a report that includes important details about the accident.
• Seek medical attention: If you’re injured, seek medical attention immediately. Keep a record of all medical treatments, including the date, name of the doctor, and the cost of each visit.
• Keep a record of expenses: Keep a record of all expenses related to the accident, including towing fees, car rental fees, and any other expenses.
• Document your own account: Write down a detailed account of what happened during the accident as soon as possible. This will help you remember important details later on.

By documenting evidence in these ways, you’ll be better prepared to build a strong case if you need to file a personal injury or property damage claim.

How Do I File A Claim?

If you have been involved in a rear-end collision, it is important to file a claim with your insurance company. Your insurance company will be able to provide you with information on how to file a claim and what steps you need to take to get the process started.

Do I Need A Lawyer?

If you have been involved in a rear-end collision, it is important to consider hiring an experienced personal injury lawyer to help you navigate the legal system. A lawyer can help you with a range of legal issues related to your accident, including filing a personal injury claim, negotiating with insurance companies, and helping you understand your legal rights and options.

By being proactive and seeking the help of a lawyer, you can ensure that you receive the compensation you deserve and that your rights are protected.

What if I Feel Okay after the Car Accident? Do I Still Need to Do Anything?

In some cases, injuries sustained in a rear-end collision may not present themselves immediately. Some symptoms of car accident injuries may take days, or even weeks, to develop. This is why it is important to seek medical attention as soon as possible after an accident, even if you feel fine. Delayed onset of symptoms can be a sign of serious underlying injury, such as a concussion or whiplash, and can impact the success of a personal injury claim.

If you were involved in a rear-end collision, it’s crucial to seek medical attention as soon as possible, even if you don’t feel any immediate symptoms. This will help ensure that any injuries are detected and treated promptly and also create a medical record that can be used as evidence in the event of a future legal claim. Consulting with an experienced personal injury attorney can also help you understand your rights and the legal process, as well as ensure that your rights are protected.

If you have been involved in a rear-end collision, contact Elsner Law Firm at 206-447-1425 for a free case evaluation.

Accidents can be unavoidable, and sometimes they happen to the most vulnerable – our children. Learn what to expect if a personal injury has happened to your child and what questions you should be prepared to ask your lawyer.

Any personal injury case can be a stressful and confusing time, but when it involves your child, it can be overwhelming. Whether it was a case of negligence or recklessness, it is important to understand the process of filing a personal injury claim and what your child’s legal rights are.

Who should file a personal injury claim involving a minor?

When a child is a victim of a bodily injury due to another person’s negligence or any other personal injury, a parent or legal guardian has the right to file a claim on behalf of the child.

When should the claim be filed?

The statue of limitations to file a personal injury claim is usually three years. However, when the case involves a minor, the child will have until they turn 18 and then three years after that birthday to pursue a claim. Even though a child does have more time to file a case, it is typically best to file it as soon as possible. The sooner you file a claim, the easier it is to make sure your information is readily available and accurate, like medical records, witnesses, etc.

What does guardian ad litem mean?

In some personal injury cases involving a minor or someone incapable of understanding the details surrounding their case, the judge may assign someone as guardian ad litem. This person will be responsible for protecting the best interests of the child throughout the lawsuit.

Does age play a factor in a personal injury case?

Age does play a factor in a personal injury case. Children are not held to the same standards as an adult because they are still developing and learning. For example, the liability in a case that involves trespassing, an adult may have a difficult time receiving compensation if they fell and injured themselves on that property. However, a child may not know the dangers trespassing on someone else’s property can cause, whether it is slipping on ice or falling into a pool. Therefore they could receive compensation for their injury if a claim is filed.

Who handles the medical expenses?

Many personal injuries result in medical expenses. Since the child cannot file a claim to recoup financial losses caused by medical expenses, parents or legal guardians of the child can do so for them. This claim can be filed jointly with the initial personal injury claim or in a separate lawsuit.

What happens if a child is awarded a settlement?

If the court decides to award a settlement these funds will be held for the child in a trust managed by the court until they are 18. By doing so, the court protects the money for the child until they are an adult. If money were awarded for medical expenses that money would be released to the parent or legal guardian at the time of the settlement.

Where should I get legal advice regarding a minor’s case?

If your child was a victim of a personal injury, it is best to hire an attorney that specializes in these types of cases. Elsner Law Firm will ensure you know and understand your child’s legal rights and support you through the entire personal injury process.

None of us like getting pulled over. In fact, it can be pretty traumatizing – your palms start sweating, your heart starts racing, and you’re praying that your registration and insurance card are actually somewhere in that mess of a glove box. Even if you’re generally a picture-perfect, law-abiding citizen, you find yourself wondering if you’ve just done something completely inappropriate to justify getting hauled off to jail at that very moment.

Being overwhelmed can often lead to erratic behavior and a traffic stop is the wrong time for that. To keep your exchange quick, clean, and simple, be sure to follow these steps:

Pull over immediately

When you see the flashing lights behind you, it’s important to pull over right away. If the cop is trying to get around you, this allows him to do so. If he’s pulling you over, he can instruct you from there on where to go if either of you feel unsafe. I’ve heard too many stories of people driving around for several minutes to find a safe spot to pull over and park – that can definitely set you off on the wrong foot. It’s irritating for a police officer when they’re not sure if you’re being disrespectful or careful. You don’t want to make the police officer suspicious of you before you’ve even said hello.

Turn off the car.

If you get nervous, like many people do during traffic stops, turning your car off reduces the risk of an accident… like bumping the car into reverse as you frantically search for your license and registration. It may seem like an extreme precaution, but if you’re someone who gets a little accident-prone under pressure… it’s just something to consider. If it’s dark out, turn the dome light on and show the officer you have nothing to hide.

Roll your window down – but you don’t have to roll it down all the way

This is a pretty common way for police to escalate a routine traffic stop, and you might not have even considered this tactic. Roll down the window to allow just enough room to pass documents back and forth, but not enough room to allow the officer to put their head inside of your car and claim to smell alcohol or marijuana. Yep – all an officer needs to do is claim to smell something illegal and your entire car and person will be subject to search. If they ask you to roll your window down further, you can respectfully decline.

Keep your hands on the wheel.

This puts the officer at ease; they can see your hands, and they know you’re not going to try anything stupid.

Be polite and confident, and don’t admit guilt.

An officer will always ask something along the lines of, “do you know why I pulled you over?” Sometimes, we might have an idea – but that’s all we have… an idea. The truth is, the officer could have been pulling us over for something completely unrelated, so it’s best to answer honestly and wait for their explanation, “No, sir/ma’am, I am not sure why you pulled me over”.

If you ever feel uncomfortable in answering questions, you simply don’t have to. It’s your right to decline to answer. Although it may feel like you’re digging yourself into a hole by not answering simple, friendly questions (“where you headed? Where are you coming from?”), these are attempts by the officer to potentially build a case against you. Why do you think they all ask the exact same questions, at every single traffic stop? It’s intentional.

Please know: it’s important to never lie to a police officer. But, you can absolutely decline to answer, as uncomfortable as it may be, in order to not incriminate yourself. We loved this example from Riskology, of why it’s important to not make simple mistakes during a routine traffic stop:

Think about the case that could be built against you by making just two simple mistakes: rolling your window all the way down and answering a question you shouldn’t have. The police report might read something like this:

“I pulled the suspect over because her driver side tail light was out. When I approached the car, the window was rolled down and I smelled alcohol. The suspect admitted she’d been drinking and had “just one beer about 3 hours ago.”

I asked her out of the car and performed a field sobriety test. I also performed an inspection of the vehicle interior for open containers and asked if she had anything illegal in the car. The suspect lied when she said she did not. No alcohol was present, but hidden under the seat was a bottle of illegal prescription pain killers belonging to an unrelated person.”

All you were ever guilty of was not realizing your tail light was out. But, since your window was rolled down, the officer had an open invitation to “smell something” which allowed him to further his interrogation. Pretty soon, you’re outside the car, he’s inside, and he just found the bottle of pills your friend dropped between the seats while giving her a ride home from the hospital.

Congratulations. You’re now a drug offender. Enjoy your incarceration and rehabilitation.

When you’re pulled over, it’s important to follow these steps to ensure your exchange is as positive and minimal as it can be, and that you both leave the scene satisfied. Well, somewhat satisfied. If you’re leaving with a ticket in your hand, it probably isn’t the greatest day you’ve ever had. However, connecting with a successful law firm is going to be your next step. Elsner Law Firm has a great history of helping people to address or contest their traffic violations. If you’re in the Seattle or Snohomish county area, call Elsner today for a free consultation!

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