Wednesday, December 27, 2017
The Plaintiff must full comply with all procedural requirements to gain jurisdiction over the defendant. Those requirements include filing the suit prior the expiration of the SOL and as well as complying with the Secretary of State Requirements which can be found here.
It is preferred to effectuate actual service on the defendant, but this is another option when unable to satisfy the traditional requirements.
For more information on your rights in a Seattle Auto Accident, consider our office as a Kirkland Auto Accident attorney.
My direct contact:
150 Lake Street S., Ste 209
Kirkland, WA 98033
Tuesday, December 26, 2017
Fortunately, Uber does insure drivers and passengers involved in car crashes. However, when drivers are using their vehicles for personal use, they are covered under their personal auto insurance policy. If a driver is using the app but has yet to start a trip, they are covered under their personal insurance policy and Uber’s contingent liability policy, which provides up to $50,000 per injury for a total of $100,000 and up to $25,000 in property damage in the event the driver’s personal insurance does not cover the issue. If an Uber driver has accepted a fare or is on a trip with a passenger, they are are covered by a one million dollar liability policy and a one million dollar u
In theory, all passengers are covered under Uber’s insurance policy, regardless of who is at fault for the accident. However, Uber classifies its drivers as independent contractors rather than employees, which allows them to claim that they are not liable for the actions of their drivers. Therefore, if a case has damages that exceed Uber’s one million dollar policy limit, an injured party may face some difficulty in pursuing a claim.
If you are a third party, such as a pedestrian or the driver or occupant of another vehicle, you may only claim compensation from Uber if the driver was carrying a passenger at the time of the crash or in route to pick up a fare. If the driver was between fares or using his or her car as a personal vehicle, you must file a claim with the driver’s personal insurance company or your own insurance company if the driver had no personal coverage.
While Uber does have a significant insurance policy, you have to keep in mind that its insurance carrier is a business, and like any other insurance carrier they are going to look to limit their liability and pay you as little as possible for your injuries. Therefore, it is important that you seek out an experienced personal injury attorney for advice on your specific situation.
For more information, consider contacting a Seattle Auto Accident Attorney. You can find our information here. I am a Kirkland based Auto Accident attorney.
DC Legal, PLLC
150 Lake Street S., Ste 103
Kirkland, WA 98033
Monday, December 18, 2017
Train Accident Legal Review
In light of the recent horrific train accident in Tacoma, I wanted to provide an overview of the different legal standards faced in Train Accidents. Our heartfelt condolences to anyone personally or with friends and family involved with the accident.
If you get hurt while on public transportation -- such as a bus, train, or subway -- you might be entitled to make a claim against the public transportation company that runs the transport line. This article will explain the most important differences between the law that applies to public transportation companies and the rules in most standard personal injury cases.
The 'Common Carrier' Law
Most personal injury cases are based on negligence rules; the injured person must prove negligence in order to win the case.
Public transportation injury law is still based on negligence, but public transportation companies in some states may be subject to what is called the "common carrier" law.
In many states, common carriers owe their passengers a higher degree of care than the average person does. The injured person must still prove that the public transportation company was negligent in order to win the case. But in many states, common carriers are said to owe their passengers a higher degree or even “the highest degree of care” to provide safe means and methods of transportation for them.
In other words, the common carrier’s duty to act reasonably to take care of its passengers is greater than the average person’s duty to act reasonably. But, even though the common carrier may owe this higher duty of care, the injured person must always prove negligence.
Claim Procedure And Statute Of Limitations
The second important distinction between public transportation law and standard personal injury law has to do with the procedure for bringing a claim against a public transportation company.
Because public transportation companies are state or municipal agencies, special state laws (usually called State Tort Claims Acts) apply to claims brought against them. There will almost always be time and notice deadlines for filing injury claims against a government entity like a public transportation company. These deadlines differ from state to state, but can include the following:
· a short (six months or even less) deadline to notify the public transportation company in writing of the precise circumstances of your accident
· a shortened deadline for filing a lawsuit (the statute of limitations) against the public transportation company
These requirements are applied more strictly in some states than in others. In some states, your claim will be barred if you send your notice to the wrong municipal department, even though it might just be down the hall from the correct department. Moreover, you have to make sure that you make your claim against the proper governmental entity in the first place. To make sure that you satisfy all of your state’s notification requirements, if you got hurt on public transportation, you should contact a personal injury lawyer as soon as possible.
Limits on Damages in Public Transportation Injury Claims
Unfortunately, most states have caps or limits for injury claims against state or municipal agencies such as public transportation companies. These limits will also differ from state to state, but can be very low, sometimes $100,000 or less.
For more information on your rights in a train accident, please consider reaching out to a Washington Train Accident Attorney or a Washington Wrongful death attorney.
You can reach me directly at Scott@dcseattle.com or via phone at (206) 306-4034. This is my personal cell number. I will respond to text, emails or calls.
DC Legal, PLLC
150 Lake Street S. Ste 209
Kirkland, WA 98033