Philip Matthew deMaine’s Answers

Philip Matthew deMaine

Tacoma Medical Malpractice Attorney.

Contributor Level 7
  1. Rear end auto accident where front driver slammed on brakes - rear driver 100% at fault?

    Answered almost 3 years ago.

    1. Jeffrey Mark Adams
    2. Philip Matthew deMaine
    3. Troy Austin Pickard
    4. Bryan W Dawson
    5. Kevin M Garrison
    5 lawyer answers

    Not necessarily. Generally speaking, all drivers owe a duty to act with reasonable care when driving. While the following driver was probably following too close, that does not mean that he/she is 100% at fault automatically, and I have seen cases where the driver in front has been found at fault (sometimes even more at fault). Talk to your insurance company, though, to make sure they are on board and can provide you with legal counsel if necessary.

    1 person marked this answer as helpful

  2. Should I fight my ticket for following too close?

    Answered almost 3 years ago.

    1. Gregory Stephen Colburn
    2. Timothy M. B. Farrell
    3. Philip Matthew deMaine
    4. Robert Daniel Kelly
    5. Bruce Clement
    6. ···
    6 lawyer answers

    My recommendation would be to only fight the ticket if you actually have witnesses who will support your version of the accident. Do you have the names of the other drivers and their contact information? If so, it may be worth a shot at fighting the ticket if you can get written statements from them. Good luck.

  3. My van was impounded after a motor vehicle accident along 1-5 N of Tacoma, wa. Is it legal?

    Answered almost 3 years ago.

    1. Bruce Clement
    2. Thuong-Tri Nguyen
    3. Philip Matthew deMaine
    4. Christian K. Lassen II
    4 lawyer answers

    Yes, it was likely legal. The highway patrol is generally given latitude to remove vehicles for public safety reasons.

  4. Can I sue if a person utilized services but did not sign and return the contract?

    Answered about 3 years ago.

    1. Linden Edsel Thomas
    2. Peter J Smith
    3. Richard Ronald Bernstein
    4. Philip Matthew deMaine
    4 lawyer answers

    I agree that you appear to have a legitimate claim and should strongly consider bringing it in small claims court if you cannot resolve it. This is a quick and efficient way to resolve the issue, is relatively inexpensive, and you can find forms online to fill out.

  5. Can i go after a company that makes prenatal pills?

    Answered almost 3 years ago.

    1. Daniel Paul Buttafuoco
    2. Steven Marc Gelfman
    3. Philip Matthew deMaine
    3 lawyer answers

    I'm sorry to hear about your loss, as that is obviously an emotional and painful experience. From a legal perspective, the biggest challenge for you would be to link the loss to the prenatal pills, as there are numerous other causes that could be involved. Additionally, the drug manufacturer will have a team of experienced attorneys. They do not just easily settle these types of claims, in general, and are likely to put up a major fight.

    1 lawyer agreed with this answer

  6. Got into a car accident? Sisters policy did not cover me. Now they want me to pay damage fee

    Answered almost 3 years ago.

    1. Boris Zinovjevic Gorbis
    2. Jeffrey Mark Adams
    3. Philip Matthew deMaine
    3 lawyer answers

    I agree you don't have to do anything unless a claim is brought against you in court. Then you will need to defend it and talk to a lawyer.

  7. What can i do if i was wrongly accused of abuse on a resident in a nursing home and was fired without investagation..

    Answered almost 3 years ago.

    1. Christian K. Lassen II
    2. Philip Matthew deMaine
    2 lawyer answers

    I'd recommend consulting with an attorney in your state. While you may be an "at will" employee, your employer may have had some written policies and procedures regarding discipline and termination of employees. It would be well worth spending 30-60 minutes with an attorney to discuss your rights.

  8. Do I need a lawyer ?

    Answered almost 3 years ago.

    1. Charles Joseph Michael Candiano
    2. Christian K. Lassen II
    3. Jeffrey Mark Adams
    4. Philip Matthew deMaine
    4 lawyer answers

    At this point I would recommend getting a lawyer. Keep open communication with your boss and, if helpful, see if your boss can ensure things are documented in employment files to protect you. If it escalates, you could seek legal advice later.

  9. I bumped and scratched a car in a store parking lot and I have photos that both of her tires were covering more than one half oF

    Answered almost 3 years ago.

    1. Pius Joseph
    2. Alan James Brinkmeier
    3. Dana L. Manner
    4. Philip Matthew deMaine
    4 lawyer answers

    Make sure you talk to a local attorney. I don't practice in your jurisdiction, but generally speaking a parked car is not going to be at fault for this, even if parked a little bit. I'd suggest talking to your dad if you can bring yourself to do so. Contacting the insurance company may be the best thing to do, but it would likely be your dad's insurance.

  10. Should I get an accident attorney?

    Answered almost 3 years ago.

    1. Daniel David Horowitz III
    2. Michael Wayne Goolsby
    3. Philip Matthew deMaine
    4. Donald Curtis Kudler
    4 lawyer answers

    You need to speak with an attorney in your state. In my opinion, the indpendent witness is the key to your case as to the liability issue. So often accidents are a "he said, she said" proposition. If there is an independent witness supportive of your position and who witnessed the other driver driving too fast or otherwise not paying attention, this could be the most helpful part of your case. Good luck!