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Basic
Questions
Q: Why should I use Anderton Law Office?
Q: How
soon after a bike accident should I contact a lawyer?
Q: Can
you provide any representative settlements or verdicts?
Q: What
about expenses?
Q: How
do I know if I have a good bicycle accident claim?
Q: Do
I need a Washington State bicycle attorney?
Q: What
types of cases do you accept?
Q: In
what areas of Washington State will Anderton Law Office accept cases?
Q: What
if I had a bicycle accident outside Washington State?
Q: Why are there so many lawyer jokes?
Insurance Questions
Q: Can I make a claim for a bike collision if the driver had no insurance?
Q: Does my homeowner’s or renter’s insurance cover accidents when I am on my bike?
Q: Does my car insurance cover accidents when I am on my bike?
Q: What does PIP mean?
Q: What does UIM mean?
Q: If I make a claim with my own insurance company for PIP or UIM benefits, will my rates go up?
Negotiation and Trial
Q: Should I accept an insurance company’s offer to settle my bike crash claim?
Q: Should I first try to settle my bicycle claim myself and get a lawyer if I don’t like the insurance company’s offer?
Q: How long does it take to settle most bicycle accident and personal injury cases?
Q: Will pursuing a bicycle claim be time consuming?
Q: Will I have to go to trial?
Q: Should I go to trial?
Other Questions
Q: Should I call the police after a bicycle accident?
Q: I was “doored” on my bcycle. Is it my fault for riding too close to a parked car?
Q: Do I have a claim even if a vehicle never hit me or my bike?
Q: Can I make a claim if I was hit by a car while riding my bike on the sidewalk?
Q: What if a bike accident is my fault?
Q: Can a bicycle accident be partially my fault?
Basic
Questions
Q: Why should I use Anderton Law Office?
A: Bob Anderton heads Washington Bike Law. Bob is a daily bike commuter with almost two decades of experience in successfully representing injured bicyclists. The idea of “bike law” was unknown as bicyclists started becoming the majority of Bob’s clients. Today, bike law represents about 90% of Bob’s work. Bob has helped countless people who’ve been doored, T-boned, rear-ended, right-hooked, left-hooked or even thrown from their bikes by roads not fit for ordinary travel. Bob has the experience to know from the outset what arguments are likely to be made and how to best advocate for his bike clients.
Bob is rated AV® Preeminent™ 5.0 out of 5 by Martindale-Hubbell. He has the highest possible ratings for Legal Knowledge, Analytical Capabilities, Judgment, Communication Ability, and Legal Experience. AVVO, rates Bob as a 10 on a scale of 1 to 10 for experience, industry recognition and professional conduct.
Attorney John McHale has been practicing law for over twenty years and has extensive trial and appellate experience in both Federal and State courts. John has been a daily bike commuter for over 25 years and is both a road and cyclocross racer.
Attorney Dave Catechi brings big firm experience to Anderton Law Office — Washington Bike Law. Before joining this office, Dave was a lawyer at a large San Francisco law firm where he regularly commuted by bike. Dave knows more than how to handle complex cases. He’s a budding welder with dreams of building custom bike frames.
Anderton Law Office clients are represented by experienced and compassionate bike riding attorneys who are available to help. Our clients’ cases are handled by the bike lawyers themselves, not paraleagals, legal assistants or secretaries.
You can call Anderton Law Office any time at (206) 262-9290. There is no charge to discuss your claim and we return all calls promptly.
Anderton Law Office has a record of success in helping make Seattle and other cities in Washington safer for bicyclists. Anderton Law Office has been recognized by The League of American Bicyclists as a Bike Friendly Business (BFB). Anderton Law Office was the first law office to be honored by the League as a BFB.
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Q: How soon after a bike accident should I contact a lawyer?
A: As soon as possible. You may be contacted by an insurance
adjuster and should not make a statement before you have consulted a bike
lawyer. What you say can and will be used against you by the insurance
company. Even if the bike lawyers at Anderton Law Office do not represent you, conversations
with any lawyer you consult are generally protected by the attorney-client
privilege. An experienced bicycle attorney can help you understand the
rules of the road for bikes and what insurance may be available to cover
your medical expenses, lost wages or income, property damage, as well
as your non-economic damages (sometimes called pain and suffering).
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Q: Can you provide any representative settlements or verdicts?
A: Yes, but at Anderton Law Office we prefer not to focus on other
people’s claims. Many offices list large settlements to entice new
clients. This can create unwarranted expectations. The value of your claim
is based upon many factors, primarily the severity of your individual
injury and its effects on your life. Bike Lawyer Bob Anderton has assisted
hundreds of injured people since 1992 in obtaining settlements and verdicts
ranging from a few thousand dollars up to 6.6 million dollars.
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Q: What about expenses?
A: Anderton Law Office generally advances all costs associated with a
bicycle case. Unlike some lawyers, we charge only the actual
cost of expenses directly related to your claim and they can deducted from a settlement or verdict.
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Q:
How do I know if I have a good bicycle accident claim?
A: It may be more complicated than you think. Since it is free to discuss your case, it makes sense to call a Bike Lawyer at Anderton Law Office for bike crashes in Washington State. Bob, John or Dave can provide you with self-help strategies or other referrals if we think that using a lawyer would not be in your best interest. We can also provide referrals to other experienced bicycle lawyers in other states.
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Q:
Do I need a Washington State bicycle attorney?
A: You probably want one if you were injured in Washington
State. In order to settle a claim, you will have to deal with insurance
adjusters. They are trained to close your claim by paying you as little
as possible. It is difficult for someone who is not familiar with bicycle
accident cases and the legal climate of Washington State (and King County
in particular) to know what a fair settlement amount is. If your case
requires litigation, your lawyer must be admitted to practice in the state
where you file suit, and you will likely fair better with an experienced
local bicycle attorney on your side.
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Q:
What types of cases do you accept?
A: The bike lawyers at Anderton Law Office focus on bicycle injuries. About 90% of our cases are bike-related. Most of our clients were injured in bike crashes in Seattle. But we handle all types of serious personal injury claims in Washington State. These personal injury, wrongful death and products liability cases include: accidents, crashes and collisions involving bikes, scooters, skateboards, pedestrians, wheelchairs, mopeds, motor scooters, motorcycles, cars, trucks, and even the dreaded SUV. We also take cases involving unsafe places and unfair insurance practices, sometimes called “bad faith.”
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Q:
In what areas of Washington State will Anderton Law Office accept cases?
A: While the bike lawyers at Anderton Law Office are
based in Seattle and King County, for cases involving catastrophic injuries
or death, we will represent bicyclists and their families throughout
the state of Washington, including the following counties and cities:
Counties:
Adams,
Asotin, Benton, Chelan, Clallam, Clark, Columbia, Cowlitz, Douglas, Ferry,
Franklin, Garfield, Grant, Grays Harbor, Island, Jefferson, King, Kitsap,
Kittitas, Klickitat, Lewis, Lincoln, Mason, Okanogan. Pacific, Pend Oreille,
Pierce, San Juan, Skagit, Skamania, Snohomish, Spokane, Stevens, Thurston,
Wahkiakum, Walla Walla, Whatcom, Whitman, and Yakima.
Cities and Towns:
Aberdeen, Airway Heights, Albion, Algona, Almira, Anacortes,
Arlington, Asotin, Auburn, Bainbridge Island, Battle Ground, Beaux Arts
Village, Bellevue, Bellingham, Benton City, Bingen, Black Diamond, Blaine,
Bonney Lake, Bothell, Bremerton, Brewster, Bridgeport, Brier, Buckley,
Bucoda, Burien, Burlington, Camas, Carbonado, Carnation, Cashmere, Castle
Rock, Cathlamet, Centralia, Chehalis, Chelan, Cheney, Chewelah, Clarkston,
Cle Elum, Clyde Hill, Colfax, College Place, Colton, Colville, Conconully,
Concrete, Connell, Cosmopolis, Coulee City, Coulee Dam, Coupeville, Covington,
Creston, Cusick, Darrington, Davenport, Dayton, Deer Park, Des Moines,
DuPont, Duvall, East Wenatchee, Eatonville, Edgewood, Edmonds, Electric
City, Ellensburg, Elma, Elmer City, Endicott, Entiat, Enumclaw, Ephrata,
Everett, Everson, Fairfield, Farmington, Federal Way, Ferndale, Fife,
Fircrest, Forks, Friday Harbor, Garfield, George, Gig Harbor, Gold Bar,
Goldendale, Grand Coulee, Grandview, Granger, Granite Falls, Hamilton,
Harrah, Harrington, Hartline, Hatton, Hoquiam, Hunts Point, Ilwaco, Index,
Ione, Issaquah, Kahlotus, Kalama, Kelso, Kenmore, Kennewick, Kent, Kettle
Falls, Kirkland, Kittitas, Krupp, La Center, La Conner, Lacey, LaCrosse,
Lake Forest Park, Lake Stevens, Lakewood, Lamont, Langley, Latah, Leavenworth,
Liberty Lake, Lind, Long Beach, Longview, Lyman, Lynden, Lynnwood, Mabton,
Malden, Mansfield, Maple Valley, Marcus, Marysville, Mattawa, McCleary,
Medical Lake, Medina, Mercer Island, Mesa, Metaline, Metaline Falls, Mill
Creek, Millwood, Milton, Monroe, Montesano, Morton, Moses Lake, Mossyrock,
Mount Vernon, Mountlake Terrace, Moxee, Mukilteo, Naches, Napavine, Nespelem,
Newcastle, Newport, Nooksack, Normandy Park, North Bend, North Bonneville,
Northport, Oak Harbor, Oakesdale, Oakville, Ocean Shores, Odessa, Okanogan,
Olympia, Omak, Oroville, Orting, Othello, Pacific, Palouse, Pasco, Pateros,
Pe Ell, Pomeroy, Port Angeles, Port Orchard, Port Townsend, Poulsbo, Prescott,
Prosser, Pullman, Puyallup, Quincy, Rainier, Raymond, Reardan, Redmond,
Renton, Republic, Richland, Ridgefield, Ritzville, Riverside, Rock Island,
Rockford, Rosalia, Roslyn, Roy, Royal City, Ruston, Sammamish, SeaTac,
Seattle, Sedro-Woolley, Selah, Sequim, Shelton, Shoreline, Skykomish,
Snohomish, Snoqualmie, Soap Lake, South Bend, South Cle Elum, South Prairie,
Spangle, Spokane, Spokane Valley, Sprague, Springdale, St. John, Stanwood,
Starbuck, Steilacoom, Stevenson, Sultan, Sumas, Sumner, Sunnyside, Tacoma,
Tekoa, Tenino, Tieton, Toledo, Tonasket, Toppenish, Tukwila, Tumwater,
Twisp, Union Gap, Uniontown, University Place, Vader, Vancouver, Waitsburg,
Walla Walla, Wapato, Warden, Washougal, Washtucna, Waterville, Waverly,
Wenatchee, West Richland, Westport, White Salmon, Wilbur, Wilkeson, Wilson
Creek, Winlock, Winthrop, Woodinville, Woodland, Woodway, Yacolt, Yakima,
Yarrow Point, Yelm, Zillah, and perhaps a few others.
For
smaller claims outside of King County, the bike lawyers at Anderton Law Office may be
able to recommend an experienced bicycle attorney for your area.
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Q:
What if I had a bicycle accident outside Washington State?
A.
If you were injured outside Washington State, Washington Bike Law may be able to provide a referral to a local attorney with experience in representing cyclists.
You might also check bicycle attorney websites for the following areas of the country:
Alabama,
Arizona,
California,
San Diego, California,
Colorado,
Denver, Colorado,
Boise, Idaho,
Idaho,
New York,
Upstate New York,
Nevada,
Oregon,
North Carolina,
Ohio,
Pennsylvania, or
South Carolina.
If you are looking for a Bicycle Attorney in any other state, you are
welcome to call or e-mail
Bike Lawyer Bob Anderton, as
he may be able to help you find an experienced bicycle lawyer there.
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Q:
Why are there so many lawyer jokes?
A:
Lawyers are sometimes uncomfortable with jokes about their profession.
The King County Bar Association even had a campaign to “just say
no to lawyer jokes.” Unlike some attorneys, Bob Anderton is willing
to acknowledge that there is often a grain of truth in lawyer jokes. In
fact, he collects them. If you've got a good one, let Bob know.
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Insurance
Questions
Q: Can I make a claim for a bike collision if the driver had no insurance?
A: Yes. If you have car insurance with UIM coverage,
you can recover money for your medical bills, lost wages, damage to your
bike, and your non-economic damages, even if the other driver had no insurance.
There may also be other sources of recovery that an experienced bicycle
attorney may find based upon the unique facts of your bike crash.
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Q: Does my homeowner’s or renter’s insurance
cover accidents when I am on my bike?
A: It depends. Typically, there would not be coverage
in a bike crash unless the crash is determined to be your fault, and,
in that situation, it would generally pay for the damages you caused to
someone else. But this would depend on the facts of your bike accident
and on the terms of your insurance policy.
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Q: Does my car insurance cover accidents when I am
on my bike?
A: It depends. If you have PIP coverage on your automobile
insurance, it may pay your medical bills from a bike versus car crash.
Automobile UIM coverage may cover your medical bills, lost wages, damage
to your bike, and your non-economic damages, if the driver had no insurance
or not enough insurance to fully compensate you.
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Q: What does PIP mean?
A: PIP is Personal Injury Protection. It provides no-fault
coverage for medical bills and limited wage loss. Typically, coverage
is a maximum of $10,000, but higher limits are available. In Washington
State, PIP is an optional coverage. However, the insurance company needs
to prove you rejected PIP in writing or you are assumed to have it on
your automobile insurance.
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Q: What does UIM mean?
A: UIM stands for Under-Insured Motorist coverage. It
pays if the at-fault person has no insurance, or not enough insurance
to pay your damages. In Washington State, UIM is an optional coverage,
meaning that you don’t have to purchase it. UIM is an especially
important form of coverage, since the most reckless people who cause the
most accidents are also the most likely to be uninsured.
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Q: If I make a claim with my own insurance company
for PIP or UIM benefits, will my rates go up?
A: It depends. Generally speaking, if an accident was not your fault, your rates should not increase
if you make a claim. On the other hand, if you are at fault for a collision,
most insurance companies will raise your rates, even if you do not make
a claim. In Washington State, if your rates increase for any reason, you
are entitled to a written explanation from your insurance company. If
you are paying premiums for UIM and/or PIP coverage, you are entitled
to use it and, in most instances, you should. If you are concerned about
this, the Washington Bicycle Lawyers at Anderton Law Office are happy to discuss your options.
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Negotiation
and Trial
Q:
Should I accept an insurance company’s offer to settle my bike crash
claim?
A: Unless you were not injured or have fully recovered
from minor injuries, the answer is no. Insurance companies often offer
quick settlements, but an early settlement can be disastrous if your injuries
turn out to be worse than you first thought. Insurance companies have
access to sophisticated databases for valuing claims and do so day in
and day out. The playing field is not level. It makes sense to at least
consult with an experienced Washington bicycle attorney before accepting an offer.
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Q: Should I first try to settle my bicycle claim myself
and get a lawyer if I don’t like the insurance company’s offer?
A: Usually not. Unless you have very minor injuries,
using an experienced bicycle attorney frequently results in a higher net
settlement than you would obtain on your own. By waiting to get a lawyer
on your side, you may create problems with your claim that are difficult
or impossible to undo. Remember, the bike lawyers at Anderton Law Office work on a contingency
fee, not an hourly rate. If you think that you may ultimately use an attorney,
you owe it to yourself to make the attorneys “earn their keep.”
It won’t cost you more to have legal representation from the beginning
and it may keep you from damaging an otherwise solid case.
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Q: How long does it take to settle most bicycle
accident and personal injury cases?
A: It depends. The key is knowing that you are fully healed (or that your injuries are permanent) before settling the case. The truth is, you can probably settle your case faster without an attorney, but that settlement may also be far less than the fair value of your claim. The lawyers at Washington Bike Law work with injured bicyclists and their doctors to determine the best time to begin settlement negotiations.
The statute of limitations for negligence in the State of Washington is three years. This means that you must settle your Washington State claim or file a lawsuit within three years from the day of your collision or you will lose any right you might have had to recover. There are circumstances where the statute of limitations may be shorter, and each state sets its own time limits, so it makes sense to consult with a bicycle attorney licensed in the state where the crash occurred as soon as possible.
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Q:
Will pursuing a bicycle claim be time consuming?
A: Usually not. The vast majority of bicycle claims settle before a lawsuit is ever filed. If you use the bike lawyers at Anderton Law Office, they can work on the legal aspects of your claim so that you can focus on recovering from your injuries. Much of what the Anderton Law Office bicycle attorneys need from you can be accomplished over the phone or by email. Over the years, we have represented clients who were injured in Washington State but lived in other states, countries or even continents. Many of these cases settled without the clients ever having to make a special trip to Seattle. While our bike attorneys prefer to meet with clients in person, we realize your time is important, and won’t waste it. On the other hand, if you file a lawsuit, you will need to be more involved in your case. Your bike lawyers at Anderton Law Office will take the time to ensure that you are prepared and understand the process each step of the way. We will also work to schedule events to minimize the intrusion in your life.
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Q:
Will I have to go to trial?
A: It depends. The bike lawyers at Anderton Law Office have the experience to accurately value claims and the reputation to reach fair settlements for our bicycling clients. Approximately 90% of the bike cases we handle settle without ever filing a lawsuit. Washington Bike Law and our bike clients also participate in alternative dispute resolution methods including mediation and arbitration. King County has a system called Mandatory Arbitration. If your claim is less than $50,000, you can arbitrate it rather than having a jury trial. For claims that don’t involve catastrophic injuries, arbitration can be faster, less expensive, and often result in higher awards than those of a jury. However, if your claim is potentially worth more than $50,000, it is usually better to wait for a trial date where there is no arbitrary limit on the amount that you can recover.
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Q: Should I go to trial?
A: It depends. The bicycle attorneys at Washington Bike Law enjoy litigation and are dedicated advocates for their clients. Going to trial can mean a significantly higher result. For instance, bicycle lawyer Bob Anderton tried a case where the other side refused to pay more than $50,000 at a formal mediation. They offered $75,000 just before trial, but a jury ultimately awarded the client $850,000. Of course, we can’t guarantee this kind of result. Often, people do not want to take the risk of a trial. Even if you are willing to try your case, it usually makes sense to try and settle the claim before filing a lawsuit. Having a team of skilled bike lawyers on your side may mean that you won’t need to go to trial.
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Other
Questions
Q: Should I call the police after a bicycle accident?
A: It depends on the situation. If you think a driver might be intoxicated, yes. Otherwise, it’s hard to say. Some police in Seattle and other cities in Washington State are openly hostile to bicyclists, while others are genuine bicycle advocates. Unlike a lawyer, you cannot select the responding officer. Having a police report can be helpful if the officer believes the driver is at fault. On the other hand, the responding police officer does not make the final fault determination. The bike lawyers at Anderton Law Office have represented many bicyclists who were issued tickets by police then later recovered 100% from un-cited drivers.
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Q: I was “doored” on my bike. Is it my fault
for riding too close to a parked car?
A: The bike lawyers at Anderton Law Office would argue that it was not.
While it’s always a good idea to leave room for vehicle doors to
open, we have a law in Washington State that says, “No person shall
open the door of a motor vehicle on the side adjacent to moving traffic
unless and until it is reasonably safe to do so, and can be done without
interfering with the movement of other traffic, nor shall any person leave
a door open on the side of a vehicle adjacent to moving traffic for a
period of time longer than necessary to load or unload passengers.”
(RCW 46.61.620)
While
there is a general duty to keep a “proper lookout,” a driver
should look before opening a vehicle door and not create hazardous condition
for a bicyclist.
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Q: Do I have a claim even if a vehicle never hit me
or my bicycle?
A: Quite possibly. Many people mistakenly believe that there has to be physical contact between a bicyclist and a motor vehicle for the driver to be liable. This is not true. The attorneys at Washington Bike Law have resolved many claims against drivers who caused cyclists to crash but never actually hit the bicyclists.
Anderton Law Office bike lawyers have also successfully represented bicyclists injured on unsafe roadways where no other vehicle was involved. For instance, we've represented multiple bicyclists injured on a dangerous diagonal railroad crossing under the Ballard Bridge in Seattle (Burke-Gilman's Missing Link) and tried to resolve the issues without a lawsuit. In 2004 we obtained the first verdict against the City of Seattle for its negligence there (King Case No. 03-2-27338-4SEA).
Washington Bike Law had a goal to eliminate wheel-swallowing parallel drain grates in Seattle. We litigated multiple claims on this issue. Years later, as we suggested, the City began inventorying and replacing the grates.
For the past few years Washington Bike Law has been investigating and is now litigating claims against the City of Seattle on behalf of some of the many bicyclists who have been injured on the South Lake Union Streetcar tracks.
[Return to Question Index]
Q: Can I make a claim if I was hit by a car while riding
my bicycle on the sidewalk?
A: Almost certainly. Bicyclists are allowed to ride on
the sidewalk in Seattle. The rules vary in other cities, but there is
likely some negligence on the part of a driver when a crash occurs on
the sidewalk.
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Q:
What if a bike accident is my fault?
A: You still may have some protection against loss. Your
homeowner’s or renter’s insurance may protect you against
the claims of another person in the case of a bike crash. If you are injured,
your health insurance should pay your medical bills, though you may need
to show that there is no other insurance available. If you are involved
in a collision with a motor vehicle while on your bike, there may be coverage
through the driver’s PIP coverage, even if you are at fault for
the crash.
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Q:
Can a bicycle accident be partially my fault?
A: Yes. Washington is a comparative fault state. This
means that, even if a bicycle crash is partially your fault, you can recover
the portion of your damages you prove are the fault of the driver or other
defendant.
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