What is a Toxic Tort and What Does it Have to Do with Personal Injury?

In personal injury law, a tort is a personal injury caused by civil (not criminal) wrongdoing. Generally, torts are not done intentionally but involve negligent behavior such a drunk driver causing a car accident that injures another. A toxic tort is when the injured person (plaintiff) alleges that they were harmed because of exposure to a toxic substance or chemical because of the negligence of another.

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What is Duty of Care in Personal injury Law?

Most personal injury claims center around the negligence of the defendant in order to establish the defendant’s fault for the accident. And yet, the very first element in a successful personal injury claim is showing that there was a relationship that created a “duty of care.” It would be helpful to understand what is a duty of care, how it relates to negligence and some examples of when a duty of care is owed.

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What is False Arrest and Can I Sue for Damages?

An arrest is when a person is apprehended and taken into custody; it requires probable cause. A false arrest is when a person is held against their will or taken into custody without consent or a legal justification. When a person is falsely arrested, they may be able to bring a civil claim for damages under tort law. Note that many false arrests are carried out by store managers, mall security guards and others who are not police officers.

A false arrest is considered an intentional tort, which means that the accused knew of and wanted the consequences of their actions.

If you were the victim of false arrest, contact an experienced local personal injury attorney. The lawyer can review the details of your situation and discuss your legal rights. If the attorney takes your case, they will work to negotiate a fair settlement or jury award for your damages.

Proving an intentional tort

Intentional act:

In order to prove an intentional tort, the plaintiff will need to show that the defendant’s conduct went above and beyond simple carelessness or negligence. It must be proved that the defendant intentionally restrained the plaintiff.

Awareness of confinement:

In order to recover damages, the plaintiff will need to show that they were aware of the confinement at the time it happened. Defendant’s may argue that the plaintiff was too intoxicated or drugged to be aware of being confined. Note that the plaintiff does not need to know that their arrest wasn’t legal when it was happening but if they consented to be arrested because they thought it was legal, they will not be able to sue to recover damages for false arrest.

Was there a legal basis for the arrest?

A defendant will attempt to prove that there was a legal basis for the arrest they made, such as reasonable suspicion of a crime being committed, or a warrant or court order. This means that a reasonable person in the defendant’s position would have had cause to believe that the plaintiff was committing a crime before they arrested them or that they had a legal warrant/court order for their arrest.

Can police officers be sued for false arrest?

In Washington State, “A police officer is immune from liability for false arrest and false imprisonment when he acts pursuant to and in accordance with a statute he reasonably believes to be valid.”

This means that in order to sue a police officer for false arrest, a personal injury attorney would have to prove that the police officer knew or that a reasonable police officer would have known that the arrest was not in accordance with a valid statute.

Seek the help of a personal injury attorney

If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced injury attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!

Proving Fault in Chain Reaction Accidents

The most common type of chain reaction accidents are multi-vehicle accidents where a car at the end of a line of cars rear-ends the car in front of them and the car that was hit rear-ends the car in front of them because the momentum pushed them forward and so on. In some cases, there are six plus cars involved.

Proving fault in chain reaction accidents

You may think it’s obvious that the driver who caused the initial collision is responsible for the crashes but with so many cars, drivers and passengers involved in a chain-reaction crash; there may be more than one driver found negligent for the accident. There may be situations where the driver who caused the first rear-end collision is found to be intoxicated or was using their cell phone at the time of the crash, making it easier to assign 100% liability. In many accidents like these, however, bad weather, poor road conditions, tailgating or malfunctioning brake lights may all play a part.

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When a Medical Emergency Causes A Car Accident

There is a whole range of common issues that cause car accidents. When car crashes happen, there is usually one driver to blame but sometimes both play a role. Distracted driving and drunk driving get most of the attention and deservedly so, but today we’re going to take a look at what happens when medical emergencies cause car accidents. When accidents happen because of an unforeseen medical emergency or disability, the at-fault driver may not be considered negligent because of the sudden medical emergency defense available in many states.

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Am I Entitled to Disability Benefits If a Car Accident Left Me Permanently Disabled?

People who are injured in car accidents are entitled to a car accident settlement through a personal injury claim that typically compensates them for property damage to their vehicle, medical bills, and pain and suffering. Those who become permanently disabled in a car accident may be eligible for Social Security Disability (SSD) benefits too. The Social Security Administration (SSA) will determine eligibility based on qualifying disabilities.

If you or a loved one was injured and permanently disabled in a car accident, contact an experienced car accident attorney who can review your case and discuss your legal rights.

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How Car Modifications for People with Disabilities Makes Driving Safer

According to census.gov, there are an estimated 40 million people in the U.S. who have a disability. An additional 30 million have a functional limitation that makes daily life more difficult, including activities such as driving.

Can a disabled person get a driver’s license?

Yes, disabled people can get a driver’s license as long as they can pass the written and practical tests and make all appropriate special modifications to their vehicle. Disability vehicle modifications may include special steering wheel hand controls for steering and signaling, pedal extensions to help with braking, left-foot accelerators and adaptive ignition controls, raised roof or dropped floor, wheelchair lifts and ramps and many more. The downside is that these modifications can be expensive and they are not an option for every vehicle.

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What Employers Need to Know about Being Held Liable for Cell Phone Crashes Involving their Employees

In 2014, the National Highway Traffic Safety Administration (NHTSA) determined that driving a vehicle while texting is six times more dangerous than driving while intoxicated. Texting while driving causes over 3,000 deaths and 330,000 injuries every year according to a study by the Harvard Center for Risk Analysis. Talking on a cell phone while driving is very dangerous too because our brains are not capable of focusing our full attention on the road while talking on the phone. Overall, drivers are four times as likely to crash their vehicle when using a cell phone while driving. The risk of cell phone crashes needs to be taken seriously by drivers and their employers.

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Are Wrongful Death Lawsuits Increasing Because of COVID-19?

Wrongful death lawsuits are filed to hold a negligent party accountable and to recover damages for the wrongful death of a loved one. With more than 100,000 Americans now dead after contracting Coronavirus, some may be wondering if wrongful death lawsuits are increasing because of COVID-19?

Thousands of low-paid essential workers are being exposed to the virus every day and that means employers are vulnerable to lawsuits for failing to protect their workers. We already shared a post about the estate of a Walmart worker suing for wrongful death after he died of Coronavirus complications. For low-paid workers with meager health insurance coverage, a wrongful death lawsuit may be the only hope for the family to pay for the medical expenses incurred by their loved one for treating Coronavirus. The question is how many will bring lawsuits and will they be successful?

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Top 5 WA State Bike Laws to Remember with More Bicyclists on the Road

Bike sales in Whatcom County have exploded over the last couple of months with families at home due to Coronavirus looking for things to do and keep fit in the beautiful spring weather. There are less bike commuters right now – just like there are less car commuters – so it is safe to say that much of the new bike traffic is coming from people out for a pleasure ride and that it will continue through early fall. Sales of entry level bikes seem to be the most popular, which indicates an explosion of new riders who may not be familiar with the rules and responsibilities of cycling. With more bikes on the roads and trails, this is a good time to remind and teach new cyclists about Washington State bike laws meant to keep everyone safe and accountable.

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