J.D. Smith’s Answers

J.D. Smith

Seattle Car / Auto Accident Lawyer.

Contributor Level 10
  1. Can a property owner be held liable under WA state law for injuries to a person that trespassed onto farm land

    Answered almost 6 years ago.

    1. J.D. Smith
    2. Jeffrey Patrick Bassett
    3. Ronald Walter Kim
    4. Avvo Staff Moderator
    4 lawyer answers

    I agree with the first two responses but would like to add that there is no legal duty to trespassers. Oftentimes in premises liability cases there is a legitimate question on a person's exact status on another's property. Meaning it is not always clear whether a person is an invitee, licensee or trespasser. Also be mindful that although there is no duty to trespassers landowner cannot set traps.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Negligent Driving ticket received a month later.

    Answered almost 6 years ago.

    1. Jon Michael Zimmerman
    2. Gregory Scott Hoover
    3. J.D. Smith
    3 lawyer answers

    You should be able to defeat the ticket since the office put the wrong date. You must request a contested hearing and strictly follow the rules of the court (Infration Rules Limited Jurisdiction). Most jurisdictions allow you to pay the ticket and go on a probationary period (typically 6 months) whereby if you don't get another ticket in that prescribed time period, the ticket will be dismissed. This is great for all: the city, county or the state gets the revenue and the driver avoids...

    1 lawyer agreed with this answer

  3. WA state personal injury law, car accident, liability of car owner, car sale pending

    Answered almost 6 years ago.

    1. Evan Matthew Oshan
    2. J.D. Smith
    3. Jeena R. Belil
    3 lawyer answers

    I must be honest it appears you exercised extremely poor judgment by allowing someone to take possession of a vehicle without paying. Your question leaves out some critical information. You indicated "he never paid me for the car". How long had he had the car before the accident occurred? Did you provide permission before the payment issue arose? Was anything put in writing? The Department of Licensing has strict requirements for both sellers and buyers? If you did all the paperwork and he...

    1 lawyer agreed with this answer

  4. Accident no insured

    Answered over 6 years ago.

    1. J.D. Smith
    1 lawyer answer

    I think it is important that you actually consult with an attorney so there is a dialogue and adequate time for questions and answers. If you were driving the company truck with permission and their insurance denied the claim, the company should cover this incident.

    1 lawyer agreed with this answer

  5. I was injured doing a side job for someone

    Answered over 5 years ago.

    1. J.D. Smith
    2. Edgardo Rafael Baez
    2 lawyer answers

    Yes, you may have a case but should speak with an attorney right away so the attorney can understake an analysis of your case. Most personal injury attorneys offer free consultations. J.D. Smith (206) 588-8529

    1 person marked this answer as helpful

  6. Rear ended on freeway. Car was totaled. Medical, ambulance, towing and storage bills. Neither driver was insured.

    Answered over 5 years ago.

    1. J.D. Smith
    2. Jeffrey Patrick Bassett
    3. Lu Ann Trevino
    3 lawyer answers

    You should continue searching because there are attorneys would take your case. Most lawyers would start with an assets check to determine if the at-fault party has anything of value (home, cash, job, etc.). In rear-end cases you would like win liability as a matter of law. This means the at-fault party should be offering substantially more than 2,500. I would recommend you act swiftly as the at-fault party could be hiding assets as I type. I am happy to offer a free consultation. J.D....

    1 person marked this answer as helpful

  7. Auto accident

    Answered almost 6 years ago.

    1. J.D. Smith
    1 lawyer answer

    Maybe. You have two options. 1) You may make a claim with your own insurance company (who sometimes will be easier to deal with as they likely want to keep you as a customer). If you go this route you will need to meet your deductible but perhaps your loss will not be as great. Your company will then seek reimbursement from the at fault parties insurance company. If your company is successful, they will reimburse your deductible. By dealing with the at fault parties insurance company you...

    1 person marked this answer as helpful

  8. Was rear ended. Car is total loss. Minor physical injuries. Rental car but only for 3 days.

    Answered over 5 years ago.

    1. Evan Matthew Oshan
    2. Jeffrey Patrick Bassett
    3. J.D. Smith
    3 lawyer answers

    There answer depends on who is paying for the rental. If your auto insurance is paying, the answer is in your policy (i.e. the contract). In addition, the insurance commissioner may have some guidelines for dealing with total losses. If you are dealing with the at-fault person's insurance, you have less leverage because they are not actually obligated to pay for the rental up front. In my experience, they will be more flexible if they believe you will be making an injury claim. They will...

  9. I was rear ended 3 days ago. I have minor physical injuries as a result. Ins Co offering me $ - not enough. Need a lawyer?

    Answered over 5 years ago.

    1. Jason Garrett Epstein
    2. Jeffrey Patrick Bassett
    3. J.D. Smith
    3 lawyer answers

    I agree with the two previous answers. Let me add the following which is also on my website. Insurance companies are in business to make a profit. To do that, they need to keep their money. In the past they earned huge profits from interest income. As interest rates have declined they have sought other ways to make profit. Insurance companies hire adjusters and attorneys to minimize the amount that they pay on claims. Those adjusters and attorneys are trained how to minimize payments to...

  10. What does the word vacate mean legally?

    Answered over 5 years ago.

    1. Jeffrey Patrick Bassett
    2. Thuong-Tri Nguyen
    3. J.D. Smith
    3 lawyer answers

    Vacate means to annul, to render an act void; as to vacate an entry which has been made on a record when the court has been imposed upon by fraud, or taken by surprise. It may be wise to review your lease or rental agreement to determine is vacate has been defined differently. You should talk to the landlord because perhaps they will consider letting you out of the lease early. This may afford them the opportunity to get a renter in sooner and under a long-term lease.