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Robert N. Anderton

Robert Anderton’s Answers

48 total

  • Broke back while visiting aunt

    Fell off deck at aunts house and broke my back. I had a family member drive me to the hospital and was then transported by ambulance to the trauma unit at another hospital. I was admitted for three days and I'm looking at 12 weeks to recover. ...

    Robert’s Answer

    It sounds like you were seriously hurt, I hope you make a speedy recovery.

    Your Aunt's homeowner's insurance will cover her against a claim by you. That means the insurance company will either reach a settlement with you or, if it doesn't, it will provide her with an attorney defend a lawsuit if you filed suit and would have to pay any verdict up to the limits of her insurance policy.

    You would need to prove that your aunt and/or whomever built and/or maintained the deck were negligent and that you would not have fallen but-for their negligence.

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  • I was hit while jogging by a drunk driver in a rental car. The man has a history of DUI. With his history can I sue Enterprise?

    Driver has history of DUI. What sort of liability does Enterprise have given they rented a car to a man with this history who then proceeds to do it again and then hits and severely injures someone else?

    Robert’s Answer

    I'm very sorry to hear this. Washington does recognize negligent entrustment as a legal theory, but unless the driver was drunk when he rented the vehicle, it is unlikely to be successful.

    However, Enterprise may have liability insurance for the driver's negligence. Alternatively, or additionally, the driver may have car insurance or you may have car insurance with UIM coverage.

    Any or all of these may be applicable, as well as PIP coverage from Enterprise, the driver, and/or your car insurance.

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  • What is the proper course of action to get my bike repaired/replaced and medical costs covered by company driver who hit me?

    I was hit by a Shuttle Express airport shuttle yesterday while riding my bike to work. The shuttle was at fault (turned right, crossing the bike lane, which was marked and had a physical barrier, but "didn't see" me). I have a police report and ...

    Robert’s Answer

    You should call a bike lawyer at Washington Bike Law. 206-262-9290. It is not clear to me whether you need to hire a lawyer, but we are happy to help and answer your questions. Consultations are free.

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  • What happens if I get in a car accident (I was at fault) and I don't have insurance?

    I was in a fender bender at a stoplight but, I don't have insurance. The other driver's insurance company keeps calling me but I don't know what to say. I told the driver I was willing to pay the damages out of pocket. I don't want to get in troub...

    Robert’s Answer

    If you had a car before this one, you might have insurance. Call your insurance company and check. There is usually a short period of automatic coverage for just-purchased vehicles. Your car insurance (if you have it) should resolve the claim for you or defend you if a lawsuit is filed.

    Otherwise, you are right to want to resolve the claim. Insurance is required and you can lose your license for not being financially responsible for the crash.

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  • Tumor/Chicken: found a tumor in thawed uncooked whole chicken breast. Any advice on how to handle this?

    Slicing thawed uncooked whole chicken breast, I noticed I had cut through an odd mass of some sort. Inspecting it, I realized it was some sort of tumor that was in the center of the thickest part of the piece of meat. I feel nauseated thinking a...

    Robert’s Answer

    I agree that this is nauseating, but it is not surprising. Factory farms are not known for their healthy animals. While it might not be the answer you are looking for, my suggestion is that humans not eat other animals.

    For more legally-themed information on why you are feeling nauseated, consider reading this:

    As for a product liability claim, you haven't suffered a significant enough injury to battle a major corporation. Had you eaten the chicken and gotten seriously ill, the answer might be different, but thankfully you did not.

    I hope that this experience may motivate you to become vegetarian or perhaps to work to regulate factory farms... if not for the animals or the environment, for your own food safety.

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  • Friend’s friend’s dog caused me horrible injuries. Now what?

    This summer I had planned to stay at a friend’s house for a couple weeks while I was in town. But when I arrived and let myself in (she was at work) her boyfriend’s dog attacked me and before I could get out he did serious damage to my face and ri...

    Robert’s Answer

    In Washington, owners of dogs are automatically responsible for injuries caused by bites. There are some exceptions to this rule, but it doesn't sound like they would apply here.

    If the ex-boyfriend had homeowners or renter's insurance, it would protect him and hopefully compensate you. Knowing that might make the ex more communicative. Also, having an attorney contact him is often a great motivator. Most cases settle without a lawsuit ever being filed.

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  • If attorney won't take my clam on contingency should I question attorney skill or validity of my claim?

    Those of us who are not rich seek advice on how to find good legal representation or discern when we simply need to 'move on' in life and forget about fighting for our rights against those who may harm us. In other words, typically, if yo...

    Robert’s Answer

    This is a great question. Contingency fee representation is a great equalizer in the USA. Certainly the richest of our citizens will always have access to the best lawyers, but regular people can also protect their rights with contingency fee lawyers, who are often some of the best lawyers practicing.

    Many of these best lawyers limit their practices to claims involving large amounts of money. Since they are paid a percentage of their winnings, this is a good business practice, but it means they may not represent you even if you have a valid claim. Other lawyers, often those with fewer boats and spouses to support, will take smaller cases and earn less because, even if they do a great job, the underlying claim is only worth so much.

    There are a few lawyers who focus on particular areas of law. My firm focuses on bike law, meaning we represent injured bicyclists and their families. Some of these claims are catastrophic, others are more minor, but still significant to those involved. If you can find a lawyer who focuses on the particular area of tort law, he or she may give you a better idea of the validity of your claim.

    If a contingency fee lawyer proposes representing you on an hourly basis, ask why. If the lawyer is not willing to represent you on a contingency basis, I agree that it is a good indication that the lawyer doesn't think your claim is a winner. However, lawyers don't always agree with one another. Consulting with another lawyer is likely a good idea.

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  • How long after a car accident do you have to take legal action like suing for injuries

    I was in a yellow cab and was hit by a medic 1 I went to physical therapy and kept a log each session but never followed up with taking any legal action my back still gives me severe problems am i too late to take action

    Robert’s Answer

    Generally, in Washington State negligence claims must be settled or a lawsuit filed within 3 years of the event.

    However, if a government entity is involved (Medic One), it's a bit more complicated. A notice of claim must be filed before this 3 year period and there is a waiting period before a lawsuit can be filed.

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  • Injured while cycling on a commercial group tour. The sweeper did not stay behind me as is agreed practice.

    Over $8000 in unreimbursed expenses, should I sue?

    Robert’s Answer

    As the other lawyers have said, we need more information to provide a meaningful answer. Depending upon how you were injured, you may well have a valid claim.

    One hurdle will be the waiver you likely signed to participate in the tour.

    The lawyers in my office (Washington Bike Law) are familiar with most bicycle-related injury scenarios and will be happy to provide a free consultation.

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  • My son was visiting a friend for a play date. I was not there. The mother of the other boy was supervising both children.

    Apparently, the supervising mother was not watching the children. She was in the house, while the boys (age 7) were in the back yard throwing rocks. Some rocks hit their neighbors car. I am being told I owe almost $1,500 for damages. The car o...

    Robert’s Answer

    If you have homeowner's or renter's insurance, it should pay or defend you against these claims. The only exception would be if your son intentionally damaged the neighbor's car. If they were just throwing rocks and the car happened to get hit, you should be covered. Call your insurance company if you have questions.

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